Harrison v. Perez et al
| Lee Michael Harrison |
| L. Piteno, A. Lamb, K. Roberson, E. Garcia, T. Hill, Dr. Medina-Reyes, L. Mela, Warden E. Carlton, K. Andino, United States of America, Gonzalez, L. Funteio, J. Weyrich and J. Perez |
| 1:2021cv22381 |
| June 29, 2021 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Prisoner: Civil Rights |
| None |
Docket Report
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Filing 9
PAPERLESS ORDER granting in part and denying in part #8 Motion for Continuance. On the day his amended complaint is due, Plaintiff filed a Motion for Continuance asking the Court for an additional 30 days to file his amended complaint. See Motion [ECF No. #8 ]. The Motion does not detail what efforts Plaintiff has taken to file an amended complaint. See id. Importantly, Plaintiff has not been in a custodial setting since as early as July 29, 2021. See generally Motion to Amend Injury Claim [ECF No. #4 ] (showing Plaintiff mailed a motion from a residential address). In other words, Plaintiff has had fewer restrictions on his ability to prepare an amended complaint when the Court entered its August 9, 2021 Order to Amend. See generally Order to Amend [ECF No. #5 ]. Likewise, although Plaintiff says "his research and evidence" to support a complaint are at FDC Miami, he has not articulated what efforts he took to procure this information from FDC Miami or by some other means. Motion at 1. And, in any event, Plaintiff does not need these materials at the pleading stage. All that is required is a pleading that adheres to Fed. R. Civ. P. 8's notice pleading requirement--that is, "a short and plain statement of the claim showing that the pleader is entitled to relief." Under these circumstances, then, the Court shall not afford a 30-day extension. Notwithstanding, the Court shall afford a brief extension of time. The Amended Complaint must be filed with the Clerk's Office by August 31, 2021. Failure to meet this deadline shall result in dismissal without further notice. Signed by Judge Rodolfo A. Ruiz, II (bca)
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| Set/Reset Answer Due Deadline: Lee Michael Harrison response due 8/31/2021. SEE DE 9 ORDER (ail) |
| Filing 7 MOTION for Referral to Volunteer Attorney Program by Lee Michael Harrison. (ail) |
| Filing 8 MOTION for Continuance by Lee Michael Harrison. Responses due by 9/8/2021 (ail) |
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Filing 6
PAPERLESS ORDER denying without prejudice in part and dismissing as moot in part #4 Plaintiff's "Amended Injury and Relief." Plaintiff, liberally construing his statements, requested the Court to grant leave to amend his complaint and asks for the appointment of counsel. Since the Court has entered an Order to Amend [ECF No. #5 ], the request for leave to amend is DISMISSED as moot. As for Plaintiff's request for the appointment of Counsel, the Court sees no reason to grant it at this juncture. "A plaintiff in a civil case has no constitutional right to counsel." Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999). "[A]nd while the court may, pursuant to 28 U.S.C. 1915(e)(1), appoint counsel for an indigent plaintiff, the court has broad discretion in making this decision and should do so only in exceptional circumstances." United States v. Alford, 816 F. App'x 375, 376 (11th Cir. 2020); see also Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir. 1992). "[F]acts and legal issues which are so novel or complex as to require the assistance of a trained practitioner may qualify as factors in showing exceptional circumstances exist." Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993) (cleaned up). "The key is whether the pro se litigant needs help in presenting the essential merits of his or her position to the court." Id. At this juncture, the Court cannot assess whether Plaintiff will require the assistance of counsel to present the essential merits of his case or whether extraordinary circumstances exist without an operative amended complaint. Accordingly, the Motion for Appointment of Counsel is DENIED without prejudice. Signed by Judge Rodolfo A. Ruiz, II (bca)
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Filing 5
ORDER TO AMEND. On or before August 26, 2021, the amended complaint must be docketed, mailed, and signed under the penalty of perjury with a short and plain statement of a claim for relief, a basis for federal jurisdiction, and a demand for judgment. Plaintiff shall be provided a form complaint. Signed by Judge Rodolfo A. Ruiz, II on 8/9/2021. See attached document for full details. (Attachments: #1 Complaint for Violation of Civil Rights (Prisoner) form) (daa)
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| Filing 4 MOTION to Amend Injury Claim #1 Complaint 42 USC 1983 or Bivens,, MOTION to Appoint Counsel by Lee Michael Harrison. Responses due by 8/17/2021 (ail) |
| Filing 3 Clerks Notice of Receipt of Filing Fee received on 7/6/2021 in the amount of $ 402.00, receipt number FLS100232377 (asz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. (daa) |
| Filing 1 Complaint pursuant to Bivens against K. Andino, E. Carlton, L. Funteio, E. Garcia, Gonzalez, T. Hill, A. Lamb, Medina-Reyes, L. Mela, J. Perez, L. Piteno, K. Roberson, United States of America. Filing fee $ 402.00 (Filing fee not paid/IFP Motion not filed), filed by Lee Michael Harrison. (Attachments: #1 Exhibit)(daa) |
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