Philippe v. Hickey et al
| Juster Philippe |
| Nunez, Miramar I.C.E./E.R.O., Rafael Utera, John Doe 2, Robert Hickey and John Doe 1 |
| 0:2018cv62786 |
| November 15, 2018 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Robert N Scola |
| Patrick A White |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 7, 2019. A more recent docket listing may be available from PACER.
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Filing 24
ORDER denying #15 Motion for Leave to Proceed in forma pauperis. On or before February 8, 2019, plaintiff shall pay the full filing fee of $400 ($350 statutory filing fee plus $50 administrative fee), or shall complete and file a new nonprisoner application to proceed without payment of fees, together with a new, non-PLRA IFP affidavit, demonstrating therein why the court should waive the $400 fee outright, a requirement imposed on all noninmate litigants seeking leave to proceed IFP. Responses due by 2/8/2019 Signed by Magistrate Judge Lisette Marie Reid on 1/7/2019. See attached document for full details. (Attachments: #1 IFP Form) (fbn) Modified on 1/7/2019 (fbn).
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| Filing 23 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) - 2019-2 to Magistrate Judge Lisette Marie Reid. Magistrate Judge Patrick A. White no longer assigned to case. (jmd) |
| SYSTEM ENTRY - Docket Entry 23 [utility] restricted/sealed until further notice. (jmd) |
| Filing 22 OBJECTIONS to #20 Report and Recommendations by Juster Philippe. (kpe) |
| Filing 21 OBJECTIONS to #20 Report and Recommendations by Juster Philippe. (kpe) |
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Filing 20
REPORT AND RECOMMENDATIONS on BIVENS case re #9 MOTION to Stay, #7 REPORT AND RECOMMENDATIONS on BIVENS, and #4 MOTION to Stay filed by Juster Philippe; Recommending that: 1. The court deny, as moot, the undersigned's first report(DE#7 ).2. That plaintiff's motions for emergency stay of removal (DE# #4 , #9 ) be denied as moot. 3. That the court issue a show cause order directing plaintiff to provide, by a date certain, his current address in Haiti and instructing him to declare whether he is willing and prepared to prosecute his case pro se. Objections to R&R due by 12/26/2018. Signed by Magistrate Judge Patrick A. White on 12/11/2018. See attached document for full details. (fbn)
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Filing 19
PAPERLESS ORDER denying #14 Motion to Appoint Counsel. "A civil litigant... has no absolute constitutional right to the appointment of counsel." Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987) (citations omitted). "The appointment of counsel is instead a privilege that is justified only by exceptional circumstances, such as where the facts and legal issues are so novel or complex as to require the assistance of a trained practitioner." Id. (citations omitted). Here, at this time, petitioner has not made this showing. Therefore, the court denies his motion for appointment of counsel without prejudice. Signed by Magistrate Judge Patrick A. White on 12/10/2018. (js04)
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| Filing 18 FIRST Clerk's Notice of Undeliverable Mail re 2 Clerk's Notice of Judge Assignment,. US Mail returned for: Juster Philippe. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz) |
| Filing 17 RESPONSE to 12 Order,, by Miramar I.C.E./E.R.O.. (Attachments: #1 Exhibit Bureau of Immigration Appeals decision, #2 Exhibit Immigration Judge - order of removal, #3 Exhibit Declaration of James Gamboa)(Cheek, Christopher) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis by Juster Philippe. (ls) |
| Filing 14 MOTION to Appoint Counsel (Requesting Emergency Review) by Juster Philippe. Responses due by 12/18/2018 (ls) |
| Filing 13 NOTICE of Change of Address by Juster Philippe (ls)[System Updated] |
| Filing 16 NOTICE of filing summonses prepared by Juster Philippe. (Attachments: #1 Summon(s) (vjk) |
| Set Deadlines as to #9 MOTION for Emergency Indefinite/Temporary Stay of Removal. Responses due by 12/4/2018 (ls)(per DE #12) |
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Filing 12
PAPERLESS ORDER DIRECTING THE GOVERNMENT TO FILE AN ACCELERATED RESPONSE TO PETITIONER'S "MOTION FOR EMERGENCY INDEFINITE/TEMPORARY STAY OF REMOVAL." DE#9. The government's response, which shall not exceed ten (10) pages, is due by 2:00 p.m. on December 4, 2018. The court further ORDERS the government to address plaintiff's apparent assertion that he is scheduled to be removed via flight to Haiti on December 5, 2018. DE#10 at 2; DE#11 at 2. Signed by Magistrate Judge Patrick A. White on 12/3/2018. (js04)
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| Filing 11 NOTICE of OBJECTIONS towards Motion for Emergency Stay Denial by Juster Philippe. (ls) |
| Filing 10 AFFIDAVIT signed by : Juster Philippe. re #9 MOTION for Indefinite/Temporary Stay by Juster Philippe (ls) |
| Filing 9 MOTION for Emergency Indefinite/Temporary Stay of Removal by Juster Philippe. Responses due by 12/17/2018 (ls) |
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Filing 8
ORDER denying #3 Motion for Leave to Proceed in forma pauperis. On or before December 20, 2018, Petitioner shall either pay the Clerk's filing fee of $350.00 or, in the alternative, file a new IFP motion with supporting financial affidavit upon the form provided with this Order, together with a prison account statement showing Petitioner's past six months of financial transactions. Responses due by 12/20/2018. Signed by Magistrate Judge Patrick A. White on 11/21/2018. See attached document for full details. (Attachments: #1 IFP Form) (fbn)
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| Filing 7 REPORT AND RECOMMENDATIONS on BIVENS case re #4 MOTION to Stay filed by Juster Philippe; Recommending that plaintiff's purported motion for emergency stay of removal be DENIED without prejudice. Objections to R&R due by 11/30/2018. Signed by Magistrate Judge Patrick A. White on 11/16/2018. See attached document for full details. (fbn) |
| Filing 6 NOTICE of Change of Address by Juster Philippe (Address updated) (mc) |
| Filing 5 Clerk's Notice of Filing Deficiency Re: #4 MOTION to Stay filed by Juster Philippe. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (mc) |
| Filing 4 MOTION FOR EMERGENCY Stay of Removal by Juster Philippe. (No signature) Responses due by 11/30/2018 (mc) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Juster Philippe. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr and Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (kpe) |
| Filing 1 Complaint pursuant to Bivens against Robert Hickey, John Doe 1, John Doe 2, Miramar I.C.E./E.R.O., Nunez, Rafael Utera. Filing fee $ 350.00. IFP Filed, filed by Juster Philippe. (Attachments: #1 Summon(s))(kpe) |
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