Frank v. United States of America et al
| Kenneth A. Frank |
| Alan Blackstein, Assistant State Attorney, Judge John K. Olson, Stevens, Wevery, Miller, Weisler, ALhabeff& Sitterson, P.A., Maria Yip, United States of America, Kit R Becker, Joaquin Alemany, HVC Consulting, Henry B Stahley, Jr, Lucyo Berger Consulting, PFK Consulting USA, Zorath Zelenikovsky, Comerica Bank, Ann Kierray, Drew M. Dillworth, Hylton Wynick, Cira, Yip Associates, Florida Development Group, Inc., The Prokats Group, Holland & Knight, P.A. and Cbre Realty |
| 0:2018cv63119 |
| December 20, 2018 |
| U.S. District Court for the Southern District of Florida |
| William P Dimitrouleas |
| Lisette M Reid |
| Lurana S Snow |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 11, 2019. A more recent docket listing may be available from PACER.
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Filing 25
PAPERLESS ORDER denying #24 Motion for Extension of Time to Amend. Plaintiff was already given an opportunity to amend and was afforded an extension of time. (DE#s 11, 20, 22). The District Judge advised Plaintiff that failure to file his complaint in a timely fashion will result in dismissal of this case. (DE#20). Rather than amend his complaint, Plaintiff has filed several motions, undercutting his contention that he needed additional time. (DE#s 13, 17, 18). Under these circumstances, an extension of time need not be granted. See, e.g., Lewis v. Charlotte Corr. Inst. Employees, 589 F. App'x 950, 951 (11th Cir. 2014). The request for an extension is DENIED. Signed by Magistrate Judge Lisette M. Reid (bca)
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| Filing 24 MOTION for Enlargement of Time to File Amended Complaint by Kenneth A. Frank. Responses due by 2/25/2019 (mee) |
| Filing 23 NOTICE of Inquiry (copy of docket sheet mailed) by Kenneth A. Frank (mee) (Additional attachment(s) added on 2/7/2019: #1 Request Form) (mee). |
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Filing 22
PAPERLESS ORDER modifying and correcting docket entry no. 19. Plaintiff has until February, 14, 2019 to file his complaint. See (DE#20). Signed by Magistrate Judge Lisette M. Reid (bca)
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| Filing 21 NOTICE of Compliance Copy Of Order Mailed To Plaintiff. (cds) |
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Filing 20
ORDERED AND ADJUDGED that the Motion DE #18 is DENIED, ( Amended Complaint due by 2/14/2019.) Signed by Judge William P. Dimitrouleas on 2/1/2019. See attached document for full details. (cds)
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Filing 19
PAPERLESS ORDER denying #18 Motion for Reconsideration of Order Requiring Amended Complaint; denying #18 Motion for free copies of the complaint; denying #18 Motion for Service; and granting in part Motion for extension of time to file amended complaint. An amended complaint is still due. Rather than afford the forty-five days that Plaintiff proposes, the amended complaint shall be due on or before February 18, 2019. For reasons previously stated, see (DE#16), the request for free copies is DENIED. Finally, because there is no operative complaint in this case, and such a complaint has not yet been screened, service is DENIED. Signed by Magistrate Judge Lisette M. Reid (bca)
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| Filing 18 MOTION for Relief from Order Requiring Amended Complaint for Reconsideration and other Relief re #11 Order,, Set/Reset Deadlines, by Kenneth A. Frank. (mee)Date Modified on 1/31/2019 (mee). |
| Filing 17 MOTION for Submission and Filing with the Court by Kenneth A. Frank. (mee)Date Modified on 1/31/2019 (mee). Modified text on 1/31/2019 (mr1). |
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Filing 16
PAPERLESS ORDER construing Plaintiff's letter, docketed as a notice of inquiry, as a request for records and denying that request. Although Plaintiff is proceeding pro se and in forma pauperis he is not entitled to free copies of documents he filed in this case (or in a prior case). Indeed, an inmate has no right to free copies of pleadings he files. See Jackson v. Fla. Dep't of Fin. Servs., 479 F. App'x 289, 29293 (11th Cir. 2012) (This Court has never held that a prisoner's right of access to the courts entitles a prisoner-plaintiff, even one proceeding in forma pauperis, to free copies of court documents, including his own pleadings). It is Plaintiffs responsibility to keep copies of his own filings. The Clerk of Court will provide Plaintiff with copies of documents filed in this case only upon receipt of a written request accompanied by payment of the 50 cents per page copy fee. For Plaintiffs convenience, a copy of the Request for Copies Form has been mailed. Signed by Magistrate Judge Lisette M. Reid (bca) (fbn).
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Filing 15
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Plaintiff to Proceed without Prepayment of Filing Fee but Establishing Debt to Clerk of $350.00. Granting to the extent that the plaintiff need not prepay even a partial filing fee in this case, or to prepay costs such as for service of process. USM Service NOT Ordered. Signed by Magistrate Judge Lisette Marie Reid on 1/8/2019. See attached document for full details. (fbn)
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Filing 14
PAPERLESS ORDER denying without prejudice the #3 Motion to Appoint Counsel. As an amended complaint has not yet been filed in this case, a request for counsel is premature. Signed by Magistrate Judge Lisette Marie Reid (bca)
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| Filing 13 NOTICE of Inquiry (copy of docket sheet mailed ) by Kenneth A. Frank (mee)Text Modified on 1/8/2019 (mee). |
| Filing 12 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) |
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Filing 11
ORDER REQUIRING AMENDED COMPLAINT on or before January 23, 2019, Plaintiff shall file an amended complaint, signed under the penalty of perjury, providing a short and plain statement of a claim, a basis for federal jurisdiction, and a demand for judgment. ( Amended Complaint due by 1/23/2019) Signed by Magistrate Judge Patrick A. White on 1/2/2019. See attached document for full details. (Attachments: #1 1983 Complaint Form) (fbn)
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| Filing 10 NOTICE of Compliance Order Mailed To Kenneth A. Frank (cds) |
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Filing 9
ORDER VACATING PREVIOUS COURT ORDER. Signed by Judge William P. Dimitrouleas on 12/28/2018. See attached document for full details. (cds)
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| Filing 8 Judge Assignment to Magistrate Judge Patrick A. White (asl) |
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Filing 7
(VACATED PER DE#9) ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORTAND JOINT DISCOVERY REPORT. Signed by Judge William P. Dimitrouleas on 12/26/2018. See attached document for full details. (kpe) Text Modified on 12/28/2018 (cds).
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| Filing 6 Judge Assignment to Magistrate Judge Lurana S. Snow (asl) |
| Filing 5 Clerks Notice of Docket Correction re 4 Clerk's Notice of Judge Assignment,. Incorrect Magistrate Judge Selected; Corrected by the Clerk. (asl) |
| Filing 4 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow (mee) Modified Magistrate Judge assignment and docket text on 12/21/2018 (asl). |
| Filing 3 MOTION for Appointment of Counsel by Kenneth A. Frank. Responses due by 1/3/2019 (mee) |
| Filing 2 Declaration in Support of Motion to Proceed in Forma Pauperis by Kenneth A. Frank. (mee) Modified to convert document to a Motion IFP on 12/26/2018 (asl). |
| Filing 1 Complaint pursuant to 42 USC 1983 against Joaquin Alemany, Assistant State Attorney, Kit R Becker, Alan Blackstein, Cbre Realty, Comerica Bank, Drew M. Dillworth. Filing fee $ 350.00, filed by Kenneth A. Frank.(mee) |
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