Evans v. Livingston et al
| Jimmie Evans |
| Donnella Livingston, Miami-Dade County and Craig McGahee |
| 1:2019cv25014 |
| December 5, 2019 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Lisette M Reid |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 1, 2021. A more recent docket listing may be available from PACER.
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| Filing 25 Objection to re #23 MOTION to Dismiss with Prejudice #21 Amended Complaint for Failure to Exhaust Administrative Remedies MOTION TO DISMISS #21 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Jimmie Evans. Replies due by 2/4/2020. (drz) |
Filing 24
ORDER INSTRUCTING PRO SE PLAINTIFF CONCERNING RESPONSE TO DEFENDANTS' MOTION TO DISMISS AND MOTION TO CONSOLIDATE. Plaintiff shall file a response to the Defendants' motions ECF Nos. #22 , #23 on or before February 21, 2020., ( Responses due by 2/21/2020) Signed by Magistrate Judge Lisette M. Reid on 1/21/2020. See attached document for full details. (fbn)
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| Filing 23 MOTION to Dismiss with Prejudice #21 Amended Complaint for Failure to Exhaust Administrative Remedies, MOTION TO DISMISS #21 Amended Complaint FOR FAILURE TO STATE A CLAIM ( Responses due by 1/31/2020) by Donnella Livingston, Craig McGahee. (Attachments: #1 Inmate Profile System Cell History, #2 Judgment and Sentence, #3 Inmate Population Information Detail, #4 Docket Sheet F-18-12119, #5 Docket Sheet F-18-16046, #6 Departmental Standard Operating Procedure No. 15-001, #7 Inmate Handbook (Excerpt), #8 Inmate Orientation Statement, #9 Grievance Log, #10 Grievance No. MW19-10033, #11 Grievance No. MW19-09063, #12 Grievance Forms Signed by J. Guerra)(Vosseler, Zachary) |
| Filing 22 MOTION to Consolidate Cases with Case No. 19-cv-25216 by Donnella Livingston, Craig McGahee. Responses due by 1/22/2020 (Attachments: #1 Text of Proposed Order)(Vosseler, Zachary) |
| Filing 21 AMENDED COMPLAINT against Donnella Livingston, Craig McGahee filed in response to Order Granting Motion for Leave, filed by Jimmie Evans.(drz) |
| Filing 20 Notice of Pending, Refiled, Related or Similar Actions by Donnella Livingston, Craig McGahee. Attorney Zachary Edward Vosseler added to party Craig McGahee(pty:dft). (Attachments: #1 Exhibit) (Vosseler, Zachary) |
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Filing 19
PAPERLESS ORDER denying as moot #16 Motion to Amend/Correct. Plaintiff has already been granted leave to file an amended complaint in this case using the form required by the Court, thus his Motion is moot because he has already received such authorization. [See ECF No. 14]. The Undersigned reminds Plaintiff that his amended complaint is due by January 10, 2020 and that he must use the form required by the Court and provided with the Court's previous order. [Id.]. Signed by Magistrate Judge Lisette M. Reid on 12/18/2019. (ac01)
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Filing 18
PAPERLESS ORDER denying #17 Motion to Produce. Plaintiff's discovery requests should be directed towards the Defendants, and should not be filed with the Court. It is Plaintiff's responsibility to conduct discovery in this case, and the Court cannot assist a litigant, pro se or otherwise, in conducting discovery on their behalf. Plaintiff must comply with the Federal Rules of Civil Procedure and the Local Rules of the Southern District of Florida regarding all matters in this case, including discovery. Signed by Magistrate Judge Lisette M. Reid on 12/18/2019. (ac01)
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| Filing 17 First Request for Production of Documents by Jimmie Evans. (drz) |
| Filing 16 MOTION for Leave to File an Amended Complaint #1 Notice of Removal (State Court Complaint), by Jimmie Evans. Responses due by 1/2/2020 (drz) |
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Filing 15
PAPERLESS ORDER denying #13 Motion to Produce. Plaintiff's discovery requests should be directed towards the Defendants, and should not be filed with the Court. It is Plaintiff's responsibility to conduct discovery in this case, and the Court cannot assist a litigant, pro se or otherwise, in conducting discovery on their behalf. Plaintiff must comply with the Federal Rules of Civil Procedure and the Local Rules of the Southern District of Florida regarding all matters in this case, including discovery. Signed by Magistrate Judge Lisette M. Reid on 12/16/2019. (ac01)
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Filing 14
ORDER granting #10 Plaintiff's Motion to Amend Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Plaintiff's Amended Complaint due by 1/10/2020. Signed by Magistrate Judge Lisette M. Reid on 12/16/2019. See attached document for full details. (Attachments: #1 1983 Complaint Form) (fbn) Modified text on 12/17/2019 (fbn).
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| Filing 13 Plaintiff's First Request for Production of Documents by Jimmie Evans. (drz) |
| Filing 12 NOTICE by Donnella Livingston, Miami-Dade County re #10 MOTION for Leave to File Notice of Consent to Plaintiff's Motion (Vosseler, Zachary) |
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Filing 11
PAPERLESS ORDER denying #9 Motion for Referral to Volunteer Attorney Program. The Motion states that Plaintiff is a pro se plaintiff who is representing himself and has sought leave to proceed in forma pauperis in this action pursuant to 28 U.S.C. 1915. However, a review of the record indicates that Plaintiff is not proceeding in forma pauperis in this action, nor has he sought to, and that further this case does not meet the requirements for placement on the volunteer attorney program list at this time. Thus, the Motion is DENIED without prejudice. Signed by Magistrate Judge Lisette M. Reid on 12/16/2019. (ac01)
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| Filing 10 MOTION for Leave to File an amended complaint by Jimmie Evans. (lk) |
| Filing 9 MOTION for Referral to Volunteer Attorney Program by Jimmie Evans. (lk) |
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Filing 8
ORDER TO PLAINTIFF TO COMPLETE SERVICE WITHIN 90 DAYS. Plaintiff has until March 4, 2020, to serve Defendant McGahee., ( Responses due by 3/4/2020) Signed by Magistrate Judge Lisette M. Reid on 12/12/2019. See attached document for full details. (fbn)
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Filing 7
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Magistrate Judge Lisette M. Reid on 12/12/2019. See attached document for full details. (fbn)
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Filing 6
PAPERLESS ORDER granting #3 Motion for Extension of Time. Defendants shall file a response to the Complaint within 21 days of service of all Defendants. If all Defendants are not served by March 4, 2020, all served Defendants shall file a response to Plaintiff's Complaint no later than March 25, 2020.. Signed by Magistrate Judge Lisette M. Reid on 12/12/2019. (ac01)
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Filing 5
ENDORSED ORDER REFERRING CASE to Magistrate Judge. Pursuant to Administrative Order 2019-2, this matter is referred to Magistrate Judge Lisette M. Reid for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge Marcia G. Cooke on 12/10/2019. (smz)
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| Filing 4 Clerks Notice to Filer re #3 MOTION for Extension of Time to Respond to the Complaint re #1 Notice of Removal (State Court Complaint),. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 3 Motion for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Donnella Livingston, Miami-Dade County. Attorney Zachary Edward Vosseler added to party Miami-Dade County(pty:dft). Responses due by 12/19/2019 (Attachments: #1 Text of Proposed Order)(Vosseler, Zachary) Modified Relief on 12/6/2019 (ls). |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. (drz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Civil Rights Complaint) Filing fee $ 400.00 receipt number 113C-12202789, filed by Donnella Livingston. (Attachments: #1 Exhibit Summons, #2 Exhibit Complaint, #3 Exhibit Complaint Exhibits, #4 Exhibit Civil Cover Sheet, #5 Exhibit Other State Court Filings)(Vosseler, Zachary) |
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