Waugh et al v. Ralph et al
| Ben Hughes and Nathaniel Waugh |
| Jeffrey McClellan, Christopher Jackowski, Cynthia W. Russel, Sgt. L. Butler, A. Ralph, Mark S. Inch and M.D. Herring |
| 1:2021cv22306 |
| June 22, 2021 |
| U.S. District Court for the Southern District of Florida |
| Roy K Altman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 9, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 14
PAPERLESS ORDER denying #11 Motion for Certificate of Appealability. Because he's brought a Section 1983 action, the Plaintiff doesn't need a certificate of appealability to pursue an appeal. See, e.g., Smith v. Catoe, 109 F. App'x 589, 589 (4th Cir. 2004) ("Because a certificate of appealability is not required to appeal from the district court's order denying relief in a 1983 action, we deny Smith's motion for a certificate of appealability as unnecessary."). And, in fact, the Plaintiff has already filed a Notice of Appeal [ECF No. #10 ]. His Motion [ECF No. #11 ] is, therefore, DENIED. Signed by Judge Roy K. Altman (bca)
|
| Filing 13 Acknowledgment of Receipt of NOA from USCA re #10 Notice of Appeal, filed by Nathaniel Waugh. Date received by USCA: 8/4/2021. USCA Case Number: 21-12617-J. (kpe) (Main Document 13 replaced to include file stamp on 8/6/2021) (kpe). |
| Filing 12 CLERK'S NOTICE of Mailing Pro Se Instructions to Nathaniel Waugh re #10 Notice of Appeal. (kpe) |
| Filing 11 MOTION for Certificate of Appealability by Nathaniel Waugh. Responses due by 8/18/2021 (kpe) |
| Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #10 Notice of Appeal, Notice has been electronically mailed. (kpe) |
| Filing 10 Notice of Appeal re #7 Order Dismissing Case, by Nathaniel Waugh. FILING FEE: (NOT PAID). Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (kpe) |
| Filing 9 NOTICE of Declaration of Florida Prisoner's Statement by Nathaniel Waugh. (scn) |
| Filing 8 NOTICE of Filing of Declarations by Nathaniel Waugh. (scn) |
|
Filing 7
ORDER. The Complaint [ECF No. #1 ] is DISMISSED without prejudice. Any pending motions are DENIED as moot. All deadlines are TERMINATED. And the Clerk is instructed to CLOSE this case. The Plaintiff may, if he wishes, move to reopen this case by submitting an amended complaint within 30 days of this Order (that is, by August 15, 2021). The Clerk's Office SHALL NOT mail this Order to Mr. Hughes, as he is not a party in this case. Signed by Judge Roy K. Altman on 7/15/2021. See attached document for full details. (daa)
|
| Filing 6 Clerks Notice of Receipt of Filing Fee received on 7/8/2021 in the amount of $402.00, receipt number FLS100232399. (jcs) |
| Filing 5 Amended Clerk's Notice of Filing Deficiency Case not filed with required filing fees of $402.00 (civil cases= $ 402.00, memo cases= $ 49.00, habeas cases= $ 5.00) pursuant to 28 U.S.C. 1914(a), and the CM/ECF Administrative Procedures. (vt) Modified on 6/24/2021 (vt). |
|
Filing 4
PAPERLESS ORDER striking #3 Clerk's Notice of Filing Deficiency. The Plaintiff submitted a check of $400 in his efforts to initiate this new action. See Routing Slip [ECF No. 1-3]. But, of course, that would leave him $2 short of the full $402 filing fee for non-IFP plaintiffs. See United States District Court: Southern District of Florida, Fee Schedule, available at: https://www.flsd.uscourts.gov/court-fees (last accessed June 23, 2021). The Clerk's Office, though, rejected the Plaintiff's check and entered a "Clerks Notice of Filing Deficiency" claiming (erroneously) that the Plaintiff overpaid the Court's fees. See Clerk's Notice of Filing Deficiency [ECF No. 3] ("Enclosed you will find [check] no. 7373 in the amount of $400.00. The filing fee for 42 USC 1983 pro se [cases] is $350.00."). The Plaintiff did not overpay--he underpaid. And, thus, the Clerk's Office is INSTRUCTED to strike its Notice of Filing Deficiency [ECF No. 3]. The Clerk's Office is further INSTRUCTED to enter an Amended Notice of Filing Deficiency reflecting the correct filing fee of $402 and to mail it to the appropriate prison officials. Signed by Judge Roy K. Altman (bca)
|
| Filing 3 STRICKEN PURSUANT TO ORDER [ECF No. 4 ] Clerk's Notice of Filing Deficiency Case not filed with required filing fees of $350.00 for pro se 42 USC 1983 Summons(es) will not be issued until the filing fee is paid or an order granting the Application to Proceed In Forma Pauperis is entered. (vt) Modified text on 6/24/2021 (daa). |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman. (daa) |
| Filing 1 Complaint pursuant to 42 USC 1983 against L. Butler, M.D. Herring, Mark S. Inch, Christopher Jackowski, Jeffrey McClellan, A. Ralph, Cynthia W. Russel. Filing fee $ 402.00 , filed by Ben Hughes, Nathaniel Waugh. (Attachments: #1 Summon(s), #2 Text of Proposed Order)(daa) Modified text on 6/23/2021 (daa). (Additional attachment(s) added on 6/23/2021: #3 Routing slip) (daa). |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
