Evans v. Thompkins et al
| Jimmie Evans |
| Miami-Dade County, Darius Passmore and Tory Thompkins |
| 1:2019cv25021 |
| December 6, 2019 |
| US District Court for the Southern District of Florida |
| Jose E Martinez |
| Lisette M Reid |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2020. A more recent docket listing may be available from PACER.
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Filing 28
PAPERLESS ORDER granting #27 Motion for Extension of Time. Defendants shall file their reply by February 11, 2020. Signed by Magistrate Judge Lisette M. Reid on 2/3/2020. (ac01)
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| Filing 27 MOTION for Extension of Time to File Response/Reply/Answer as to #24 Response in Opposition to Motion by Darius Passmore, Tory Thompkins. (Attachments: #1 Text of Proposed Order)(Vosseler, Zachary) |
| Filing 26 Clerks Notice of Docket Correction re #25 Notice of Appendix. Correction: Image replaced. Incorrectly attached documents filed in case number 19cv25014. (ail) |
| Filing 25 NOTICE of Appendix A-G by Jimmie Evans re #24 Response in Opposition to Motion (ail) (Main Document 25 replaced on 1/28/2020) (ail).. Modified on 1/28/2020 (ail). |
| Filing 24 Plaintiff's OBJECTIONS re #23 MOTION to Dismiss with Prejudice #22 Amended Complaint for Failure to Exhaust Administrative Remedies filed by Jimmie Evans. Replies due by 2/4/2020. (ail) Text Modified on 2/3/2020 (ail). |
| Filing 23 MOTION to Dismiss with Prejudice #22 Amended Complaint for Failure to Exhaust Administrative Remedies by Darius Passmore, Tory Thompkins. Responses due by 1/31/2020 (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 (Excerpts), #8 Inmate Orientation Statement, #9 Grievance Log, #10 Grievance No. PT18-09041, #11 Grievance No. TG18-06042, #12 Grievance No. MW19-02099, #13 Grievance No. MW19-02125, #14 Grievance No. MW19-03207, #15 Grievance No. MW19-03339, #16 Grievance No. MW19-03460)(Vosseler, Zachary) |
| Attorney Zachary Edward Vosseler representing Passmore, Darius (Defendant) Activated. (Vosseler, Zachary) |
| Filing 22 AMENDED COMPLAINT against Darius Passmore, Tory Thompkins filed in response to Order Granting Motion for Leave, filed by Jimmie Evans.(amb) |
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Filing 21
PAPERLESS ORDER STRIKING #20 Amended Complaint filed by Jimmie Evans. Plaintiff's Amended Complaint does not comply with the Court's Order granting him leave to amend because it is not on the required form provided by the Court. [ECF No. 13]. Thus, the Amended Complaint [ECF No. 20] is hereby STRICKEN from the record. Pursuant to the Court's previous Orders, Plaintiff shall file an amended complaint using the required form by January 10, 2020. [See ECF Nos. 13; 15; 19]. Failure to file an amended complaint in compliance with the Court's Orders may result in the dismissal of Plaintiff's case pursuant to Fed. R. Civ. P. 41(b). Signed by Magistrate Judge Lisette M. Reid on 12/19/2019. (ac01)
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| Filing 20 **STRICKEN** AMENDED COMPLAINT against Darius Passmore, Tory Thompkins filed in response to Order Granting Motion for Leave, filed by Jimmie Evans. (Attachments: #1 Summon)(amb)Text Modified on 12/20/2019 per DE 21 ORDER (ail). |
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Filing 19
PAPERLESS ORDER denying as moot #18 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. 13]. 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 MOTION For Leave to File an Amended Complaint by Jimmie Evans. Responses due by 1/2/2020 (amb) |
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Filing 17
PAPERLESS ORDER denying #16 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 16 Plaintiff's First MOTION to Produce Documents. by Jimmie Evans. (amb) |
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Filing 15
PAPERLESS ORDER denying as moot #14 Motion to Strike #12 Amended Complaint. The Undersigned construed ECF Nos. 11 and 12 as a motion for leave to file an amended complaint and a proposed amended complaint so that the Motion for Leave to Amend was properly made pursuant to S.D. Fla. L.R. 15.1. [See ECF No. 13]. The operative pleading in this case is still Plaintiff's original Complaint. If all Defendants have been served, an answer shall be due within 21 days of service, per the Undersigned's previous Order. [ECF No. 4]. However, because Plaintiff has been Ordered to file an amended complaint that conforms with S.D. Fla. L.R. 88.2(a), Defendants shall have 14 days to file a response to that amended complaint once it is filed with the Court, or 21 days from the date of service of the original complaint, whichever is later. Plaintiff's Amended Complaint shall still be due by January 10, 2020. [See ECF No. 13]. Signed by Magistrate Judge Lisette M. Reid on 12/17/2019. (ac01)
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| Filing 14 MOTION to Strike #12 Amended Complaint by Tory Thompkins. Responses due by 12/31/2019 (Vosseler, Zachary) |
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Filing 13
ORDER GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINT #11 . 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 12/17/2019. See attached document for full details. (Attachments: #1 1983 Complaint Form) (fbn)
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| Filing 12 AMENDED COMPLAINT against Darius Passmore, Tory Thompkins, filed by Jimmie Evans.(ail) |
| Filing 11 MOTION for Leave to File Amended Complaint by Jimmie Evans. (ail) |
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Filing 10
PAPERLESS ORDER denying #8 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 9
PAPERLESS ORDER denying #7 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 8 Plaintiff's MOTION to Produce Documents by Jimmie Evans. (amb) |
| Filing 7 MOTION for Referral to Volunteer Attorney Program by Jimmie Evans. (amb) |
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Filing 6
ORDER TO PLAINTIFF TO COMPLETE SERVICE WITHIN 90 DAYS. Plaintiff has until March 5, 2020, to serve Defendant, Passmore., ( Responses due by 3/5/2020) Signed by Magistrate Judge Lisette M. Reid on 12/9/2019. See attached document for full details. (fbn)
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Filing 5
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Magistrate Judge Lisette M. Reid on 12/9/2019. See attached document for full details. (fbn)
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Filing 4
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 5, 2020, all served Defendants shall file a response to Plaintiff's Complaint no later than March 26, 2020. Signed by Magistrate Judge Lisette M. Reid on 12/9/2019. (ac01)
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| Attorney Zachary Edward Vosseler terminated as to Darius Passmore ONLY (asl) Modified text on 12/9/2019 (asl). |
| Set/Reset Answer Due Deadline If Served : Miami-Dade County response due 3/26/2020; Darius Passmore response due 3/26/2020; Tory Thompkins response due 3/26/2020. SEE DE 4 ORDER (ail) |
| Filing 3 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Tory Thompkins, Miami-Dade County. Attorney Zachary Edward Vosseler added to party Miami-Dade County(pty:dft). (Attachments: #1 Text of Proposed Order)(Vosseler, Zachary) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez 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. (ebz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Civil Rights Complaint) Filing fee $ 400.00 receipt number 113C-12204391, filed by Tory Thompkins. No Motion to Dismiss and/or Answer has been attached. (Attachments: #1 Exhibit Summons, #2 Exhibit Complaint, #3 Civil Cover Sheet, #4 Exhibit Other State Court Filings)(Vosseler, Zachary) Modified on 12/6/2019 (ebz). |
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