HARTLEY v. CLARK
| DREW C HARTLEY |
| Hawthorne, Florida Department of Corrections, Rodney Clark and Jane Doe #1 |
| 1:2010cv20980 |
| March 29, 2010 |
| US District Court for the Southern District of Florida |
| Miami Office |
| James Lawrence King |
| Patrick A. White |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 State Prisoner Civil Rights |
| None |
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Filing
205
ORDER ADOPTING 190 REPORT AND RECOMMENDATION. Warden Tifft (as successor to Warden Ellis), Captain Jackson, Lieutenant John Doe #1, Lieutenant Torres, Correctional Officer Butler, Sergeant Cook, Sergeant Steen, Sergeant Reeves, Sergeant Quinn, Sergeant Diamond, Lieutenant Romine, A.J. Torino, Sergeant Givens, Sergeant Raybon, Correctional Officer Wallace, Correctional Officer Roberts, Correctional Officer DeWaters, Lieutenant Gielow, T. Shell, and Correctional Officer John Does are DISMISSED as parties from this action. Counts 3 through 8 of the Amended Complaint 110 are DISMISSED, without prejudice to Plaintiff's refiling them in a new lawsuit. The clerk is directed to send Plaintiff a complaint form for use by prisoners in actions filed under 42 U.S.C. § 1983, to facilitate Plaintiff's commencing a new action against the dismissed Defendants. The plaintiff's motion for leave to amend and supplement the complaint 204 is DENIED, as moot. The case is hereby TRANSFERRED to the Southern District of Florida. All pending motions related to defendant Sergeant Clark will carry with the case. Signed by SENIOR JUDGE ROGER VINSON on 3/23/10. (lcu) 42 U.S.C. § 1983 complaint mailed to Plaintiff.
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Filing
190
REPORT AND RECOMMENDATION that Warden Tifft (as successor to Warden Ellis), Captain Jackson, Lieutenant John Doe #1, Lieutenant Torres, Correctional Officer Butler, Sergeant Cook, Sergeant Steen, Sergeant Reeves, Sergeant Quinn, Se rgeant Diamond, Lieutenant Romine, A.J. Torino, Sergeant Givens, Sergeant Raybon, Correctional Officer Wallace, Correctional Officer Roberts, Correctional Officer DeWaters, Lieutenant Gielow, T. Shell, and Correctional Officer John Does be DISMISSED as parties from this action. That Counts 3 through 8 of the Amended Complaint 110 be DISMISSED without prejudice to Plaintiff's refiling them in a new lawsuit. That the clerk be directed to send Plaintiff a complaint form for use by prisoner s in actions filed under 42 U.S.C. § 1983, to facilitate Plaintiff's commencing a new action against the dismissed Defendants. (Internal deadline for referral to district judge if objections are not filed earlier: 3/12/2010). Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 2/12/10. (lcu)
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Filing
122
REPORT RE TRANSFER TO CORRECT VENUE on 42 USC 1983 case re 118 Defendant's MOTION to Change Venue filed by Randy Tifft, Florida Department of Corrections. Recommending granting, and this case be transferred to the United States District Court for the Northern District of Florida, pursuant to 28 U.S.C. §1406(a). It is further recommended that the motion for a stay of 30 days following the ruling on this motion be denied. Objections to R&R due by 11/30/2009. Signed by Magistrate Judge Patrick A. White on 11/9/2009. (tw) [Transferred from Florida Southern on 12/21/2009.]
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