Allgood v. Florida Department of Corrections et al
Plaintiff: Jerry Dean Allgood, II
Defendant: John Doe # 5, Sgt Moss, John Doe # 2, John Doe # 3, John Doe # 6, Florida Department of Corrections, Officer Puerto, John Doe # 1, John Doe # 4 and Sgt Hunter
Case Number: 1:2019cv21095
Filed: March 21, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Lisette M Reid
Referring Judge: Ursula Ungaro
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 18, 2019 Filing 16 NOTICE of Change of Address by Jerry Dean Allgood, II. (Address updated). (jas)
April 30, 2019 Opinion or Order Filing 15 ORDER granting #9 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 M. Reid on 4/30/2019. See attached document for full details. (fbn)
April 30, 2019 Opinion or Order Filing 14 PAPERLESS ORDER denying #10 Motion to Appoint Counsel. This Cause is before the Court upon the motion of the plaintiff for appointment of counsel.The Court is not unmindful that the plaintiff is an indigent who has been permitted to proceed without prepayment of fees and costs pursuant to 28 U.S.C. l9l5(a). For that reason the prepayment of all filing and service fees has been waived and the Court has and will continue to make all of the services of Court functionaries available to the plaintiff without prepayment of fees and costs. It cannot, however, appoint a lawyer to represent the plaintiff, since there is no provision under the law for such appointment. Mallard v. U.S. District Court for the Southern District of Iowa, 490 U.S. 296 (1989).This is not a criminal case in which the Sixth Amendment guarantees an indigent full access to the public fisc to assure justice. It is a private civil suit. Prisoners bringing such suits are required to bear their own expenses if they seek counsel, just as is any private litigant.Under compelling circumstances, the Court can request a lawyer to represent an indigent civil plaintiff pursuant to 28 U.S.C. l9l5(d). Any lawyer who agrees to undertake such representation must bear all his or her own expenses, such as travel expenses, and can receive no compensation unless the plaintiff ultimately prevails in the case. If the plaintiff does prevail, the Court can award a reasonable attorney's fee as part of the costs, pursuant to 42 U.S.C. l988.The Court has reviewed this case and finds that no compelling circumstances require the extraordinary procedure of seeking counsel for the plaintiff. Should developments in the case alter that assessment at a later time, appropriate steps will be taken. The motion for appointment of counsel is denied. Signed by Magistrate Judge Lisette M. Reid on 4/30/2019. (jb01)
April 30, 2019 Opinion or Order Filing 13 PAPERLESS ORDER striking #11 Motion for Leave to Proceed in forma pauperis. This motion is stricken as duplicative of docket entry 9 which will be granted by separate order. Signed by Magistrate Judge Lisette M. Reid on 4/30/2019. (jb01)
April 26, 2019 Filing 12 AFFIDAVIT OF INDIGENCY by Jerry Dean Allgood, II. (drz)
April 26, 2019 Filing 11 MOTION for Leave to Proceed in forma pauperis by Jerry Dean Allgood, II. (drz)
April 15, 2019 Filing 10 MOTION to Appoint Counsel by Jerry Dean Allgood, II. Responses due by 4/29/2019 (drz)
April 15, 2019 Filing 9 MOTION for Leave to Proceed in forma pauperis by Jerry Dean Allgood, II. (Attachments: #1 IFP Form and Inmate Account Statement)(drz)
April 12, 2019 Opinion or Order Filing 8 PAPERLESS ORDER granting in part and denying in part #6 Motion for Leave to Proceed in forma pauperis. The Plaintiff has filed a motion to proceed in forma pauperis allegeing that he has not yet been able to obtain his prisoner account statement. He also seems to be seeking an extension of time to file a proper motion with the required account statement. The motion to proceed in forma pauperis is denied without prejudice. The Plaintiff shall file his motion with the required account statement or pay the required fee by April 26, 2019 or this case will be dismissed. Signed by Magistrate Judge Lisette M. Reid on 4/12/2019. (jb01)
April 11, 2019 Filing 7 Declaration of Laymen by Jerry Dean Allgood, II. (drz)
April 4, 2019 Filing 6 MOTION for Leave to Proceed in forma pauperis / letter to Judge Lisette M. Reid regarding six month account statement by Jerry Dean Allgood, II. (drz)
March 22, 2019 Opinion or Order Filing 5 ORDER denying #3 Motion for Leave to Proceed in forma pauperis. On or before April, 12, 2019, Plaintiff shall either pay the $400 filing fee, or may renew his/her motion to proceed in forma pauperis. Responses due by 4/12/2019. Signed by Magistrate Judge Lisette M. Reid on 3/22/2019. See attached document for full details. (Attachments: #1 IFP Form) (fbn)
March 22, 2019 Opinion or Order Filing 4 ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Magistrate Judge Lisette M. Reid on 3/22/2019. See attached document for full details. (fbn)
March 21, 2019 Filing 3 MOTION for Leave to Proceed in forma pauperis by Jerry Dean Allgood, II. (mee)
March 21, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro and Magistrate Judge Lisette M. Reid. Pursuant to Administrative Order 2019-2, 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. (mee)
March 21, 2019 Filing 1 Complaint pursuant to 42 USC 1983 against John Doe # 1, John Doe # 2, John Doe # 3, John Doe # 4, John Doe # 5, John Doe # 6, Florida Department of Corrections, Hunter, Moss, Puerto. Filing fee $ 400.00. IFP Filed, filed by Jerry Dean Allgood, II.(mee)

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Defendant: John Doe # 5
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Defendant: Sgt Moss
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Defendant: John Doe # 2
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Defendant: John Doe # 3
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Defendant: John Doe # 6
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Defendant: Florida Department of Corrections
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Defendant: Officer Puerto
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Defendant: John Doe # 1
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Defendant: John Doe # 4
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Defendant: Sgt Hunter
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Plaintiff: Jerry Dean Allgood, II
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