Carabillo v. U.S. Department of State
| Joseph-James Carabillo |
| U.S. Department of State |
| 1:2021cv21329 |
| April 6, 2021 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 4
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On April 14, 2021, the Court ordered pro se Plaintiff Joseph-James Carabillo to show cause as to why the filing fee was not paid as instructed by the Clerk of Court by April 21, 2021. 3 . Plaintiff was warned that [f]ailure to comply with this Order may result in dismissal of the matter for failure to prosecute and failure to obey court orders. Id. (citing Fed. R. Civ. P. 41(b); Lewis v. Fla. Dep't of Corr., 739 F. App'x 585, 586 (11th Cir. 2018)). Title 28 states that "[t]he clerk of each district court shall require the parties instituting any civil action...to pay a filing fee of $350[.]" 28 U.S.C. 1914(a). Additionally, the Clerk of the Southern District of Florida charges a $52.00 administrative fee in addition to the mandated filing fee for civil cases. See https://www.flsd.uscourts.gov/court-fees. Now, the deadline for Plaintiff to respond to the Court's Order 3 has passed, and Plaintiff still has not paid the filing fee. Nor has Plaintiff filed a motion to proceed in forma pauperis. Plaintiff has been warned that failure to obey the Court's orders may result in dismissal. 3 . Accordingly, UPON CONSIDERATION the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 4/27/2021. (thn)
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Filing 3
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte examination of the record. On April 6, 2021, pro se Plaintiff Joseph-James Carabillo filed a Complaint seeking a declaratory judgement. #1 . The same day, the Clerk of Court entered a Notice which notified the Parties that no filing fee had not been paid, nor had Plaintiff filed a motion to proceed in forma pauperis. Id. Title 28 states that "[t]he clerk of each district court shall require the parties instituting any civil action...to pay a filing fee of $350[.]" 28 U.S.C. 1914(a). Additionally, the Clerk of the Southern District of Florida charges a $52.00 administrative fee in addition to the mandated filing fee for civil cases. See https://www.flsd.uscourts.gov/court-fees. To date, no the filing fee paid. Nor has Plaintiff filed a motion to proceed in forma pauperis. Accordingly, the Plaintiff is hereby ORDERED TO SHOW CAUSE on or before April 21, 2021 as to why the filing fee was not paid as instructed by the Clerk of Court. Failure to comply with this Order may result in dismissal of the matter for failure to prosecute and failure to obey court orders. See Fed. R. Civ. P. 41(b); Lewis v. Fla. Dep't of Corr., 739 F. App'x 585, 586 (11th Cir. 2018). Signed by Chief Judge K. Michael Moore on 4/14/2021. (thn)
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jbs) |
| Filing 1 Complaint - Declaratory Judgment regarding certain rights and nationality of the Declarant against U.S. Department of State. Filing fee $ 402.00, No IFP was Filed or Filing Fee Paid, filed by Joseph-James Carabillo.(jbs) |
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| Plaintiff: Joseph-James Carabillo | |
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| Defendant: U.S. Department of State | |
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