MITCHELL v. MCNEIL
| Steven Anthony Mitchell |
| Tramaine Sealy, Rivera, Figueroa, Luis Zavaleta, JASON TYUS and Walter Mejia |
| 1:2009cv22866 |
| September 24, 2009 |
| US District Court for the Southern District of Florida |
| Miami Office |
| XX US, Outside State |
| K. Michael Moore |
| Patrick A. White |
| Defendant |
| 42 U.S.C. ยง 1983 State Prisoner Civil Rights |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
149
ORDER granting in part and denying in part 140 Defendants' MOTION to Strike 138 Exhibits Filed in Plaintiff's Pro Se Traverse Brief to Defendants Motion for Summary Judgment. Signed by Magistrate Judge Jonathan Goodman on 8/16/2010. (dkc)
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Filing
113
REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that (1) Plaintiff's amended motion to transfer venue, doc. 104 , be GRANTED, (2) that any claim for denial of daily Kosher meals1 be DISMISSED ; (3) that any latent request for injunctive relief be DISMISSED; (4) that Defendants' motion for an extension of time, doc. 109 , be GRANTED and Defendants given 60 days in which to file a dispositive motion after the transfer of this action; and (5) this case be T RANSFERRED to the Southern District of Florida for all further proceedings as venue is now proper pursuant to 28 U.S.C. § 1391(b) and 28 U.S.C. § 1404(a).Internal deadline for referral to district judge if objections are not filed earlier: 9/15/2009. R&R flag set. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 08/18/09. (dlt)
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Filing
112
ORDER REJECTING REPORT AND RECOMMENDATION 105 Report and Recommendation. Signed by SENIOR JUDGE MAURICE M PAUL on 8/11/2009. This matter remanded to the Magistrate Judge to determine whether transfer remains appropriate based on Plaintiff's clarification in his objections. The Magistrate Judge should also consider the motion at Doc. 109 . (kdm)
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Filing
106
ORDER ADOPTING REPORT AND RECOMMENDATION 79 Report and Recommendation; DENYING 75 Motion for Preliminary Injunction filed by STEVEN ANTHONY MITCHELL. Signed by SENIOR JUDGE MAURICE M PAUL on 3/30/2009. The Court will take the other pending Report and Recommendation (Doc. 105 ) under advisement once it is referred to the Court by the Clerk's office. (kdm)
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Filing
105
REPORT AND RECOMMENDATION re 104 MOTION to Transfer Case to Souther District of Florida MOTION to Stay filed by STEVEN ANTHONY MITCHELL :It is RECOMMENDED:(1) That the Court GRANT in part and DENY in part Plaintiff's amended motion to transfer venue and stay this proceeding, doc. 104 . (2) That the Court DISMISS WITH PREJUDICE all claims, including potential claims, for any kind of relief based upon an alleged entitlement to a general daily Kosher diet or a Kosher Pass over meal, which necessarily includes all claims for damages for denial of a general Kosher Diet or a Kosher Passover meal, and all claims against any Defendant in the Northern District of Florida for his or her alleged actions or inactions in his or her official capacity in the Northern District of Florida arising out of the events alleged in this complaint. Specifically not dismissed would be Plaintiff's claim that he was retaliated against by Defendants in the Southern District of Flori da for asking for a Kosher Passover meal. (3) That the court DENY Plaintiff's motion for a stay, doc. 104 . (4) That the Court TRANSFER this case to the Southern District of Florida for all further proceedings as venue is now proper in that District. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 03/20/09. Internal deadline for referral to district judge if objections are not filed earlier: 4/17/2009. (dlt)
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