Patterson v. Bondi
| Dimitri Patterson |
| Pamela Bondi, Rick Scott and Ashley Moody |
| 1:2018cv24908 |
| November 26, 2018 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Andrea M Simonton |
| Civil Rights: Other |
| 42 U.S.C. § 1986 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 23, 2019. A more recent docket listing may be available from PACER.
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| Filing 23 Summons Issued as to U.S. Attorney General Ashley Moody (See image DE #22 )(vmz) Modified Date Filed on 1/24/2019 (asl). |
| Filing 22 Summons Issued as to Pamela Bondi, U.S. Attorney General Ashley Moody , Rick Scott. (vmz) Modified text on 1/24/2019 (vmz). |
| Filing 21 ACKNOWLEDGMENT OF SERVICE as to Attorney General filed by Dimitri Patterson. (vmz) |
| Filing 20 AMENDED Verified Complaint for Damages And Injunctive Relief against Pamela Bondi, filed by Dimitri Patterson. (Attachments: #1 Exhibit, #2 Summon(s))(vmz) |
| Filing 19 ACKNOWLEDGMENT OF SERVICE. (vmz) |
| Filing 18 NOTICE of Filing #17 Acknowledgment of Service by Dimitri Patterson (See image DE #17 . ) (vmz) |
| Filing 17 ACKNOWLEDGMENT OF SERVICE filed by Dimitri Patterson. (vmz) |
| Filing 16 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2019-3 to Magistrate Judge Jacqueline Becerra. Magistrate Judge Andrea M. Simonton no longer assigned to case. (jmd) |
| Filing 15 ACKNOWLEDGMENT OF SERVICE as to #1 Complaint filed by Dimitri Patterson. (vmz) |
Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Amended Emergency Motion for Preliminary Injunction. #11 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's First Emergency Motion for Preliminary Injunction #3 is DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 12/19/2018. (ah03)
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Amended Motion For Service of Summons by United States Marshal Service. #12 . On December 14, 2018, Plaintiff filed an Emergency Motion for Service of Summons by United States Marshal Service #7 , which the Court found did not comply with the Local Rules regarding emergency motions. 9 . On December 17, 2018, the Court denied Plaintiff's request for service of summons by the United States Marshal Service. 10 . On the same day that the Court issued its Order denying Plaintiff's request, Plaintiff filed an Amended Motion for Service including language from Local Rule 7.1(d), attempting to cure any deficiencies regarding the classification of the motion as an emergency motion. See 10 , #12 . While Plaintiff's Amended Motion corrects the Local Rule 7.1(d) deficiencies, the substance of the Motion is the same. As stated in the Court's previous Order 10 , "a plaintiff requesting appointment of the United States Marshal in order to comply with the service requirements of Federal Rule of Civil Procedure 4 must provide a factual basis for why a court order is necessary to accomplish service." 10 . Accordingly, UPON CONSIDERATION of the Amended Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Amended Motion for Service of Summons by United States Marshal Service #12 is DENIED WITHOUT PREJUDICE. Signed by Chief Judge K. Michael Moore on 12/19/2018. (ah03)
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| Filing 12 Amended Emergency Motion for Service of Summons by United States Marshal Service by Dimitri Patterson. Responses due by 1/2/2019 (vmz) |
| Filing 11 Amended Emergency Motion for Preliminary Injunction by Dimitri Patterson. (vmz) |
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Emergency Motion for Service of Summons by United States Marshal Service. #7 . Pursuant to Federal Rule of Civil Procedure 4(c)(3), "[a]t the plaintiff's request, the court may order that service be made by a United States marshal or deputy marshal or by a person specifically appointed by the court." Fed. R. Civ. P. 4(c)(3). The language of the Rule indicates the court appointment of a special process service is discretionary, unless the plaintiff is proceeding in forma pauperis or is a seaman, neither of which applies here. "[A]lthough Rule 4(c)(3)... gives the Court discretion to order the United States Marshal to serve civil process, the Advisory Committee Notes state that [such] appointment... is generally proper when it is necessary to keep the peace, a circumstance not present in the instant case." Nappi v. Welcom Prods., Inc., No. 8:13-cv-3183-T-33TGW, 2014 WL 2050826, at *2 (M.D. Fla. May 19, 2014) (citing Davis v. U.S. Installation Grp. Inc., No. 12cv-80392, 2012 WL 4511359, at *2 (S.D. Fla. Oct. 2, 2012)). In addition, a plaintiff requesting appointment of the United States Marshal in order to comply with the service requirements of Federal Rule of Civil Procedure 4 must provide a factual basis for why a court order is necessary to accomplish service. See, e.g., GMAC Real Estate, LLC v. Waterfront Realty Grp., Inc., No. 2:09-cv-546, 2010 WL 2465170, at *2 (M.D. Fla. June 15, 2010). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion #7 is DENIED WITHOUT PREJUDICE. Signed by Chief Judge K. Michael Moore on 12/17/2018. (ah03)
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Emergency Motion for Preliminary Injunction and TRO #3 and Emergency Motion for Service of Summons by United States Marshal Service #7 . Local Rule 7.1(d) provides that an emergency motion "must set forth in detail the nature of the emergency, the date by which a ruling is necessary, and the reason the ruling is needed by the stated date. The unwarranted designation of a motion as an emergency motion may result in sanctions." It further states that "[t]he filer must certify that the matter is a true emergency" by including certification language provided for in the Rules and that "[m]otions are not considered emergencies if the urgency arises because of the attorney's or party's own dilatory conduct." Plaintiff has not complied with the Local Rules and without such compliance the Court does not consider either of Plaintiff's Motions to be emergencies. The Court will thus consider Plaintiff's Motions #3 , #7 in due time. Plaintiff is warned that continuing to file improper emergency motions may result in sanctions. Signed by Chief Judge K. Michael Moore on 12/14/2018. (ah03)
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| Filing 8 Clerk's Notice of Filing Deficiency Re: #7 MOTION for Appointment of Special Process Server filed by Dimitri Patterson. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (mc) |
| Filing 7 Emergency MOTION for Service of Summons by United States Marshal Service by Dimitri Patterson. Responses due by 12/28/2018 (mc) |
| Filing 6 Consent by Pro Se Litigant (Non-Prisoner) Dimitri Patterson to receive Notices of Electronic Filing at email address: the1king83@gmail.com. (kpe) |
| Filing 5 Summons Issued as to Pamela Bondi. (kpe) |
| Filing 4 Clerks Notice of Receipt of Filing Fee received on 11/26/2018 in the amount of $ 400.00, receipt number FLS900006044 (kpe) |
| Filing 3 Emergency Motion for Preliminary Injunction and TRO ( Responses due by 12/10/2018) by Dimitri Patterson. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) |
| Filing 1 COMPLAINT against Pamela Bondi. Filing fees $ 400.00, filed by Dimitri Patterson. NOT PAID/NO IFP FILED. (Attachments: #1 Exhibit)(kpe) (Additional attachment(s) added on 11/26/2018: #2 Civil Cover Sheet) (kpe). |
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