Allgood v. Florida Department of Corrections et al

Plaintiff: Jerry Dean Allgood, II
Defendant: Officer Sanchez, Officer Flores, Florida Department of Corrections, Officer Heath and Captain Lebowitz
Case Number: 1:2019cv21366
Filed: April 10, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Marcia G Cooke
Referring Judge: Lisette M Reid
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on July 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 3, 2019 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)
June 18, 2019 Filing 15 NOTICE of Change of Address by Jerry Dean Allgood, II (ls)[System Updated]
May 9, 2019 Opinion or Order 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)
May 9, 2019 Opinion or Order 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)
May 9, 2019 Filing 12 MOTION for Leave to Proceed in forma pauperis by Jerry Dean Allgood, II. (ls)
May 9, 2019 Filing 11 MOTION for Leave to Proceed in forma pauperis by Jerry Dean Allgood, II. (ls)
May 3, 2019 Opinion or Order 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)
May 3, 2019 Filing 9 MOTION to Appoint Counsel by Jerry Dean Allgood, II. Responses due by 5/17/2019 (ls)
May 2, 2019 Opinion or Order 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)
April 29, 2019 Filing 7 AFFIDAVIT/Declaration of Laymen by Jerry Dean Allgood, II (ls)
April 29, 2019 Filing 6 MOTION for Leave to Proceed in forma pauperis by Jerry Dean Allgood, II. (ls)
April 11, 2019 Opinion or Order 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)
April 11, 2019 Opinion or Order 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)
April 10, 2019 Filing 3 MOTION for Leave to Proceed in forma pauperis by Jerry Dean Allgood, II. (drz)
April 10, 2019 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)
April 10, 2019 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).

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Allgood v. Florida Department of Corrections et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Officer Sanchez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Officer Flores
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Florida Department of Corrections
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Officer Heath
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Captain Lebowitz
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Jerry Dean Allgood, II
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?