Butler v. Colon et al
| Darrell W. Butler and Darryl Butler |
| Major of Security D. Green, Assistant Warden M. Corrales, Warden J. Colon, Class. Supervisor W. Bowens, Correctional Officer T. Lee, Class. Officer R Ponce, Class. Officer Y. Joseph, T. Lee, D. Green, W. Bowens, R Ponce, J. Colon, M. Corrales and Y. Joseph |
| 1:2020cv25123 |
| December 16, 2020 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1443 cv |
| None |
Docket Report
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| Document Text |
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice to the Court/Inquiry, which requests that the Court deny Defendants' Motion for Screening of Complaint Pursuant to the Prison Litigation Reform Act ("PLRA") and for Extension of Time to Respond to Complaint until after Screening ("Defendants' Mot.") and remand the case to state court. #9 . Because Plaintiff is proceeding pro se, the Court construes the Notice as a Motion to Remand. See generally id. The Notice was sent January 29, 2021 and docketed on February 9, 2021. Id. However, on January 30, 2021, the Court entered an Order (1) granting in part and denying in part Defendants' Motion, (2) dismissing Plaintiff's Complaint [1-2] without prejudice, and (3) granting Plaintiff leave to file an amended complaint by February 19, 2021. See #8 at 7. Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Plaintiff's Notice #9 is DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 2/12/2021. (tgr)
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| Filing 9 MOTION to Deny Defendant's request for screening and Extension of Time to Answer Plaintiff's claim and transfer case back to State Court by Darrell W. Butler. (ebz) |
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Filing 8
ORDER GRANTING IN PART and DENYING IN PART AS MOOT #3 Defendant's MOTION Motion for Pre-Suit Screening of Complaint and DENYING #6 Plaintiff's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal. Amended Complaint due by February 19, 2021. Signed by Chief Judge K. Michael Moore on 1/29/2021. See attached document for full details. (tgr)
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| Filing 7 RESPONSE in Opposition re #6 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), filed by J. Colon, M. Corrales, D. Green, Y. Joseph, T. Lee, R Ponce. Replies due by 1/13/2021. (Eggers, Melissa) |
| Filing 6 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 for Lack of Personal Jurisdiction and Improper Venue by Darrell W. Butler. Responses due by 1/19/2021. (scn) |
| Filing 3 Defendant's MOTION Motion for Pre-Suit Screening of Complaint [ECF Nos. 1-1, 1-2, 1-3]Pursuant to PLRA , Defendant's MOTION for Extension of Time to File Response/Reply/Answer After Complaint has Been Screened by W. Bowens, J. Colon, M. Corrales, D. Green, Y. Joseph, T. Lee, R Ponce. (Eggers, Melissa) |
| Filing 5 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Judge Jose E. Martinez no longer assigned to case. (ebz) |
| Filing 4 Clerks Notice of Docket Correction. Incorrect District Judge Selected; Corrected by the Clerk. District Judge Jose E. Martinez has been removed. Magistrate Judge Jacqueline Becerra will REMAIN on the case (ebz) Modified text on 12/18/2020 (ebz). |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. (ebz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Statement of Claim) Filing fee $ 402.00 receipt number AFLSDC-14048821, filed by Y. Joseph, M. Corrales, R Ponce, J. Colon, T. Lee, D. Green, W. Bowens. No Motion to Dismiss and/or Answer has been attached. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A Complaint With Exhibits Pt 1, #3 Exhibit Exhibit A Complaint With Exhibits Pt 2, #4 Exhibit Returns of Service, #5 Exhibit Docket)(Eggers, Melissa) |
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