Allgood v. Florida Department of Corrections et al
| Jerry Dean Allgood, II |
| Officer Sanchez, Officer Flores, Florida Department of Corrections, Officer Heath and Captain Lebowitz |
| 1:2019cv21366 |
| April 10, 2019 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Lisette M Reid |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 16 REPORT AND RECOMMENDATIONS on 42 USC 1983 case re #1 Complaint 42 USC 1983 or Bivens, filed by Jerry Dean Allgood, II; Recommending that: (1) the claims against the Florida Department of Corrections be DISMISSED, pursuant to 28 U.S.C. 1915(e), for failure to state claims upon which relief can be granted; and, (2) the excessive force claims go forward against Captain Lebowitz, Officer Heath, Officer Flores, and Officer Sanchez, of the Dade Correctional Institution. Objections to R&R due by 7/17/2019. Signed by Magistrate Judge Lisette M. Reid on 7/3/2019. See attached document for full details. (fbn) |
| Filing 15 NOTICE of Change of Address by Jerry Dean Allgood, II (ls)[System Updated] |
Filing 14
PAPERLESS ORDER denying as moot #12 Motion for Leave to Proceed in forma pauperis. See DE#8. Signed by Magistrate Judge Lisette M. Reid on 5/9/2019. (erd)
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Filing 13
PAPERLESS ORDER denying as moot #11 Motion for Leave to Proceed in forma pauperis. See DE#8. Signed by Magistrate Judge Lisette M. Reid on 5/9/2019. (erd)
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| Filing 12 MOTION for Leave to Proceed in forma pauperis by Jerry Dean Allgood, II. (ls) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by Jerry Dean Allgood, II. (ls) |
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Filing 10
PAPERLESS ORDER denying #9 Motion to Appoint 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. 1915(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). 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. Signed by Magistrate Judge Lisette M. Reid on 5/3/2019. (erd)
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| Filing 9 MOTION to Appoint Counsel by Jerry Dean Allgood, II. Responses due by 5/17/2019 (ls) |
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Filing 8
ORDER granting #6 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 5/2/2019. See attached document for full details. (fbn)
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| Filing 7 AFFIDAVIT/Declaration of Laymen by Jerry Dean Allgood, II (ls) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Jerry Dean Allgood, II. (ls) |
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Filing 5
ORDER denying #3 Motion for Leave to Proceed in forma pauperis. On or before May 10, 2019, Plaintiff shall either pay the $400 filing fee, or may renew his/her motion to proceed in forma pauperis. If Plaintiff renews his motion to proceed in forma pauperis, he/she must: a) Have the certificate concerning his/her prison bank account completed by an officer of the institution; and, b) Attach a certified copy of his/her prison/jail account for the six-month period preceding the filing of the complaint, in accordance with the above quoted statute. This must be a full statement of all deposits and withdrawals, not just a summary. Failure to pay the filing fee or renew his motion to proceed in forma pauperis will result in dismissal of this case. Responses due by 5/10/2019. Signed by Magistrate Judge Lisette M. Reid on 4/11/2019. See attached document for full details. (Attachments: #1 IFP Form) (fbn)
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Filing 4
INITIAL ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANT. Signed by Magistrate Judge Lisette M. Reid on 4/11/2019. See attached document for full details. (fbn)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Jerry Dean Allgood, II. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke 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. (drz) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Captain Lebowitz, Florida Department of Corrections, Officer Flores, Officer Heath, Officer Sanchez. Filing fee $ 400.00. IFP Filed, filed by Jerry Dean Allgood, II. (Attachments: #1 Letter to Court)(drz) (Attachment 1 replaced on 4/10/2019) (drz). |
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