Jones v. State of Florida
| David Jones |
| State of Florida |
| 0:2022cv61735 |
| September 14, 2022 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 State Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 9 Acknowledgment of Receipt of NOA from USCA re #7 Notice of Appeal, filed by David Jones. Date received by USCA: 10/27/2022. USCA Case Number: 22-13601-B. (jes) |
| Filing 8 CLERK'S NOTICE of Mailing Pro Se Instructions to David Jones RE: #7 Notice of Appeal. (jes) |
| Filing 7 NOTICE of APPEAL RE: 6 Order on Motion for Reconsideration, #4 Order Dismissing/Closing Case, by David Jones. FILING FEE: (NOT PAID). Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (jes) |
| Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals RE: #7 Notice of Appeal. Notice has been electronically mailed. (jes) Modified on 10/27/2022 (jes). |
Filing 6
PAPERLESS ORDER denying #5 Motion for Reconsideration. The Plaintiff, David Jones, has filed a "True Bill Affidavit Motion for Reconsideration," [ECF No. 5], which we construe as a motion to alter or amend our Order dismissing Jones's civil-rights complaint with prejudice under Fed. R. Civ. P. 59(e), [ECF No. 4]. A Rule 59(e) motion should only be granted if the movant presents "newly-discovered evidence or manifest errors of law or fact," and such a motion cannot be used to "relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment," Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007) (cleaned up). In his Motion, Jones argues that he "was never given a [sic] opportunity to make a legal argument," and that, if he had, he would have shown that his state-court sentence was "indisputably illegal." Motion for Reconsideration at 2-3. But, as we've explained, 1983 "cannot be used as a vehicle to challenge the legality of a state criminal conviction," nor could Jones collect monetary damages from the State even if his sentence were illegal. See Order Dismissing Complaint [ECF No. 4] at 2-3 (citing Hutcherson v. Riley, 468 F.3d 750, 754 (11th Cir. 2006)). Jones also appears to argue that he was trying to bring a valid malicious-prosecution claim. See Motion for Reconsideration at 2 ("The validity of a conviction or sentence has its exceptions under section 1983 of a claim of malicious prosecution."). But, to establish a malicious prosecution, the plaintiff must show that his criminal conviction was "terminated in his favor and caused damage to him." Williams v. Aguirre, 965 F.3d 1147, 1157 (11th Cir. 2020) (emphasis added). Since the criminal case was never terminated in his favor, Jones cannot assert a malicious-prosecution claim here. The Motion for Reconsideration is therefore DENIED. Signed by Judge Roy K. Altman on 10/12/2022. (cps)
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| Filing 5 MOTION for Reconsideration re #4 Order Dismissing/Closing Case, by David Jones. (pcs) |
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Filing 4
ORDER Dismissing Case (With Prejudice) . Closing Case. Motions terminated: #3 MOTION for Leave to Proceed in forma pauperis filed by David Jones. Signed by Judge Roy K. Altman on 9/20/2022. See attached document for full details. (caw)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by David Jones. (daa) |
| Filing 2 Judge Assignment to Judge Roy K. Altman. (daa) |
| Filing 1 Complaint pursuant to 42 USC 1983 against State of Florida. Filing fee $ 402.00. IFP Filed, filed by David Jones.(daa) |
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