Witter v. Miami-Dade County Corrections
Plaintiff: Samuel Edward Witter
Defendant: Miami-Dade County Corrections
Case Number: 1:2020cv24410
Filed: October 27, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Rodney Smith
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2020 Filing 30 Discovery Disclosure Request Under Rule 26(b)(4) and Under Rule 26(b)(1) by Samuel Edward Witter.(jbs)
December 22, 2020 Filing 29 MOTION/Request to U.S. Marshal re Service of Process Requiring Personal Service upon an Individual by Samuel Edward Witter. Responses due by 1/5/2021 (Attachments: #1 Discovery Requesting Disclosure)(jbs)
December 22, 2020 Filing 28 MOTION to Compel Miami-Dade Correction Department to Produce Vicon Net Surveillance System Footage by Samuel Edward Witter. Responses due by 1/5/2021 (jbs)
December 18, 2020 Opinion or Order Filing 27 PAPERLESS ORDER denying #20 Motion for Reconsideration. The Motion for Reconsideration is denied. Review of the pleadings at this point indicate that Plaintiff will not require the assistance of counsel to pursue this case. There is no need to refer this case to the Volunteer Attorney Program at this time. In the event the Court determines the assistance of counsel will be needed the court may refer the case on its own. Signed by Judge Rodney Smith on 12/18/2020. (jb01)
December 16, 2020 Opinion or Order Filing 26 ORDER DENYING REQUEST TO BE TRANSFERRED [DE #23 ]. Signed by Judge Rodney Smith on 12/15/2020. See attached document for full details. (daa)
December 16, 2020 Opinion or Order Filing 25 ORDER DENYING MOTION FOR RECONSIDERATION [DE #22 ]. Signed by Judge Rodney Smith on 12/16/2020. See attached document for full details. (daa)
December 16, 2020 Opinion or Order Filing 24 ORDER DENYING MOTION TO SUBPOENA VIDEO FOOTAGE [DE #18 ]. Signed by Judge Rodney Smith on 12/16/2020. See attached document for full details. (daa)
December 9, 2020 Filing 23 MOTION/Statement Exhibit Notice of Hinderance/Requesting the Courts to file an Order to remove me from this Facility by Samuel Edward Witter. (jbs)
December 7, 2020 Filing 22 MOTION/Appeal Against #13 Ruling to Dismiss Civil Suit in Defendant Official Capacity by Samuel Edward Witter. (jbs)
December 3, 2020 Filing 21 Statement Exhibit by Samuel Edward Witter (jbs)
December 2, 2020 Filing 20 MOTION for Reconsideration re 7 Order on Motion for Referral to Volunteer Attorney Program,, by Samuel Edward Witter. (jbs)
December 2, 2020 Filing 19 NOTICE of Exhibit Continuation by Samuel Edward Witter (jbs) (A Copy of the Order Granting Motion for Leave to Proceed in forma pauperis was mailed to the Plaintiff) Modified text on 12/2/2020 (jbs).
December 2, 2020 Filing 18 MOTION to Subpoena the Video footage by Samuel Edward Witter. (jbs)
December 1, 2020 Filing 17 NOTICE of Filing re Jackson Health System Discharge Documentation by Samuel Edward Witter (jbs)
November 25, 2020 Filing 16 CLERK'S NOTICE of compliance re #13 ORDER ON SCREENING. Copy mailed to Plaintiff as instructed. (daa)
November 25, 2020 Filing 15 Summons Issued as to Corrections Officer Carlos Alvarez. (daa)
November 25, 2020 Opinion or Order Filing 14 ORDER TO U.S. MARSHAL RE SERVICE OF PROCESS REQUIRING PERSONAL SERVICE UPON AN INDIVIDUAL Corrections Officer Carlos Alvarez. Signed by Judge Rodney Smith on 11/24/2020. See attached document for full details. (daa)
November 25, 2020 Opinion or Order Filing 13 ORDER ON SCREENING. The individual capacity claim against Carlos Alvarez for failure to intervene should proceed. The official capacity claim against Carlos Alvarez should be dismissed for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2). The Clerk is DIRECTED to mail a copy of this Order to Plaintiff. Signed by Judge Rodney Smith on 11/24/2020. See attached document for full details. (daa)
November 20, 2020 Opinion or Order Filing 12 ORDER granting #11 Motion for Leave to Proceed in forma pauperis 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. The plaintiff owes the United States a debt of $350.00 which must be paid to the Clerk of the Court as funds become available. The jail/prison having custody of the plaintiff must make payments from the prisoner's account to the Clerk of this Court each time the amount in the account exceeds $10.00 until the full filing fee of $350.00 is paid. USM Service NOT Ordered. Signed by Judge Rodney Smith on 11/20/2020. See attached document for full details. (daa)
November 20, 2020 Filing 11 MOTION for Leave to Proceed in forma pauperis by Samuel Edward Witter. (jbs)
November 17, 2020 Filing 10 MOTION for Leave to Proceed in forma pauperis by Samuel Edward Witter. (jbs)
November 17, 2020 Opinion or Order Filing 9 PAPERLESS ORDER granting #8 Motion for Extension of Time. The motion for an extension of time to file the motion to proceed in forma pauperis is granted. The plaintiff shall file the motion to proceed in forma pauperis on or before December 1, 2020. Failure to do so will result in dismissal of the complaint without prejudice. Signed by Judge Rodney Smith on 11/17/2020. (jb01)
November 17, 2020 Reset Deadlines - Motions due by 12/1/2020 per DE 9 Order. (mc)
November 10, 2020 Filing 8 MOTION for Extension of Time to show proof of IFP re #6 Order on Motion for Leave to Proceed in forma pauperis, by Samuel Edward Witter. Responses due by 11/24/2020 (jbs)
November 2, 2020 Opinion or Order Filing 7 PAPERLESS ORDER denying #4 Motion for Referral to Volunteer Attorney Program. The plaintiff has filed a motion seeking referral of his civil rights suit to the Volunteer Attorney Program (VAP). The plaintiff has not yet filed a proper motion to proceed in forma pauperis or paid the filing fee. Until he either files a proper motion or pays the fee his complaint cannot be screened therefore his request for referral to the VAP is premature. The motion for referral to the VAP is denied, without prejudice. Signed by Judge Rodney Smith on 11/2/2020. (jb01)
October 30, 2020 Opinion or Order Filing 6 ORDER denying without prejudice #3 Motion for Leave to Proceed in forma pauperis. On or before November 14, 2020, Plaintiff shall either pay the full filing fee of $400.00 or shall complete and file the form application to proceed without payment of fees and affidavit furnished with this Order. Signed by Judge Rodney Smith on 10/30/2020. See attached document for full details. (Attachments: #1 IFP form) (daa)
October 30, 2020 Opinion or Order Filing 5 ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Judge Rodney Smith on 10/30/2020. See attached document for full details. (daa)
October 30, 2020 Filing 4 MOTION for Referral to Volunteer Attorney Program by Samuel Edward Witter. (jbs)
October 27, 2020 Filing 3 MOTION for Leave to Proceed in forma pauperis by Samuel Edward Witter. (daa)
October 27, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. (daa)
October 27, 2020 Filing 1 Complaint pursuant to 42 USC 1983 against Miami-Dade County Corrections. Filing fee $ 400.00. IFP Filed, filed by Samuel Edward Witter.(daa)

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