Frank v. Assistant State Attorney et al
| Kenneth A. Frank |
| David P. Zwick, BSO Detective, Assistant State Attorney, David Scholson and John Calabro |
| 0:2018cv63157 |
| December 27, 2018 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Ursula Ungaro |
| Patrick A White |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
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Filing 16
PAPERLESS ORDER denying #13 service of the Amended Complaint as premature; denying #13 Motion for Leave to File Excess Pages, which has been liberally construed as Plaintiff's Second Motion for Reconsideration in order to exceed the page limitations. This Court already denied Plaintiff's efforts to provide a lengthier complaint. See (DE#s #4 , #8 , #9 , 11). Thus, Plaintiff is warned that filing motions for reconsiderations upon a decision that was already reconsidered and denied shall be viewed as an abuse of process. If an abuse of process continues, it shall provide this Court with grounds for dismissal. Finally, although Plaintiff titles docket entry #15 as his "Addendum to Amended Complaint," it is effectively a second portion of his amended complaint. Viewed together, Plaintiff has not complied with this Court's orders and has not made a good faith effort of doing so, which provides this Court with grounds for dismissal pursuant to Fed. R. Civ. P. 41(b). See also (DE#4 :7) (showing Plaintiff was warned that failure to comply with court orders will probably result in dismissal of his case). Signed by Magistrate Judge Lisette M. Reid (bca) Modified text on 2/20/2019 (fbn).
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| Filing 15 Addendum to Amended Complaint #14 Amended Complaint by Kenneth A. Frank (mee) |
| Filing 14 AMENDED COMPLAINT against David P. Zwick, David Scholson, John Calabro filed in response to Order Granting Motion for Leave, filed by Kenneth A. Frank.(mee) |
| Filing 13 MOTION to Exceed Page Limitation of Order DE4 Requiring an Amended Complaint by Kenneth A. Frank. (mee) |
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Filing 12
PAPERLESS ORDER denying as moot Plaintiff's second #10 Motion to Appoint Counsel. See (DE#11) Signed by Magistrate Judge Lisette M. Reid (bca)
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Filing 11
PAPERLESS ORDER denying as moot #8 Motion to Disqualify Judge; denying Motion for Reconsideration of Order requiring an Amended Complaint; denying request for copy of the complaint; denying without prejudice Motion to Appoint Counsel; and denying in part Motion for Extension of Time. As this case has been reassigned to a different Magistrate Judge, the request for Magistrate Judge White's recusal is moot. Further Plaintiff, while proceeding in forma pauperis, is not entitled to free copies of documents in this case nor in other cases. Coker v. Corizon Med. Servs., 645 F. App'x. 888, 891 (11th Cir. 2016) (unpublished) (plaintiff proceeding in forma pauperis in a Section 1983 action did not require the district court to provide free copies of discovery documents). The fees associated with reproducing any paper record is $0.50 per page. The Clerk will require the prepayment of fees prior to providing copies of any documents. 28 U.S.C. 1914(b) & (c). It is Plaintiff's responsibility to keep copies of his filings. Accordingly, 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. For Plaintiff's convenience, a copy of the Request for Copies Form has been mailed to him. In addition, the motion for extension of time is granted to the extent that an extension will be afforded. However, the proposed forty-five days is far too long. Instead, Plaintiff must file his complaint on or before February 11, 2019. No extensions of time shall be granted absent the most extraordinary circumstances. Based upon the well organized motion and the nature of his claims, Plaintiff does not need the assistance of an attorney to present his claims at this juncture. Kilgo v. Ricks, 983 F. 2d 189, 193 (11th Cir. 1993). See also Dean v. Barber, 951 F. 2d 1210, 1216 (11th Cir. 1992). Signed by Magistrate Judge Lisette M. Reid (bca)
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| Filing 10 MOTION for Appointment of Counsel (copy of DE# 1 and docket sheet mailed) by Kenneth A. Frank. Responses due by 2/13/2019 (mee) |
| Filing 9 Declaration in Support of Motion for Relief from Order Requiring Amended Complaint, for Disqualification of Magistrate Judge White and for Other Relief re #8 MOTION to Disqualify Judge filed by Kenneth A. Frank. (mee) |
| Filing 8 Motion for Relief from Order Requiring Amended Complaint for Disqualification of Magistrate Judge and other Relief by Kenneth A. Frank. (mee) |
| Filing 7 NOTICE of Inquiry (copy of complaint and docket sheet)by Kenneth A. Frank (mee) |
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Filing 6
ORDER granting #3 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) (Main Document 6 replaced on 1/8/2019) (fbn).
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| Filing 5 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 4
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 3 MOTION for Leave to Proceed in forma pauperis by Kenneth A. Frank. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro 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. (drz) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Assistant State Attorney, BSO Detective, David P. Zwick. Filing fee $ 350.00. IFP Filed, filed by Kenneth A. Frank.(drz) |
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