Balbin v. Junior et al
Plaintiff: Manuel Balbin
Defendant: Daniel Junior, Daniella Levine Cava, The Board of County Commissioners of Miami-Dade County, Lt. E. Denson, Alexis Johnson, McKoy and Lt. McIntyre
Case Number: 1:2021cv22712
Filed: July 27, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Donald M Middlebrooks
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2021 SYSTEM ENTRY - Docket Entry 19 [order] restricted/sealed until further notice. (nc)
September 14, 2021 SYSTEM ENTRY - Docket Entry 20 [misc] restricted/sealed until further notice. (nc)
September 9, 2021 Filing 18 Clerks Notice of Receipt of Partial Filing Fee received on 9/8/2021 in the amount of $ 49.25, receipt number FLS100236170. (vt)
September 1, 2021 Opinion or Order Filing 17 ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL re #13 Motion to Appoint Counsel. Signed by Judge Donald M. Middlebrooks on 9/1/2021. See attached document for full details. (ebz)
September 1, 2021 Opinion or Order Filing 16 ORDER ON MOVANT'S NEW MOTION TO WAIVE COURT ORDER REQUIRING PAYMENT OF $258.80 BY AUGUST 31, 2021 re #12 Motion, is DENIED. Plaintiff is reminded that he haspreviously been ordered to pay as a partial filing fee in this case $51.76 (20% of $258.80, the average six-month deposit). The partial fee shall be due on or before SEPTEMBER 30, 2021. Signed by Judge Donald M. Middlebrooks on 9/1/2021. See attached document for full details. (ebz)
August 31, 2021 Opinion or Order Filing 15 ORDER re #14 Summons Returned Unexecuted. It is ORDERED that on or before SEPTEMBER 18, 2021, Keisha Vance or Sylvia Hanks, with the Miami-Dade County Corrections & Rehabilitation Department, Central Records, SHALL OBTAIN the last known home address where the MDCR mailed the most recent W-2 Form and/or other payroll information to Defendant Johnson. After that date, the Court will contact Ms. Vance or Ms. Hanks to arrange for the submission to the Court, in confidence, of the last known home address for Defendant Johnson. Signed by Judge Donald M. Middlebrooks on 8/31/2021. See attached document for full details. (daa)
August 25, 2021 Filing 14 Summons (Affidavit) Returned Unexecuted as to Alexis Johnson. (ebz)
August 20, 2021 Filing 13 MOTION to Appoint Counsel and MOTION to Compel MDCR to Unblock Pla's Phone by Manuel Balbin. Responses due by 9/3/2021 (ebz) (Address Updated) Modified text on 8/20/2021 (ebz).
August 19, 2021 Filing 12 NEW MOTION Waive Court Order That Plaintiff Pay $258.80 by August 31, 2021 and Motion To Fix Excessive Charges On Plaintiff By The Court by Manuel Balbin. (ebz)
August 19, 2021 Opinion or Order Filing 11 ORDER ON MOVANT'S MOTION TO WAIVE COURT ORDER REQUIRING PAYMENT OF $258.80 BY AUGUST 31, 2021 [ECF No. #10 ]. Plaintiff's Motion [ECF No. #10 ] is GRANTED solely to the extent that the Court's Order [ECF No. #5 ] granting Plaintiff's motion to proceed in forma pauperis [ECF No. #3 ] is CORRECTED to reflect the amount Plaintiff shall pay as a partial filing fee in this case is $51.76 (20% of $258.80, the average six-month deposit), which shall be due on or before SEPTEMBER 17, 2021. Signed by Judge Donald M. Middlebrooks on 8/19/2021. See attached document for full details. (daa)
August 17, 2021 Filing 10 MOTION To Waive Court Order For Plaintiff To Pay $258.80 By August 31, 2021 re #5 Order on Motion for Leave to Proceed in forma pauperis, by Manuel Balbin. (ebz)
August 2, 2021 Filing 9 Summons Issued as to Correctional Officer Alexis Johnson. (daa)
July 30, 2021 Opinion or Order Filing 8 ORDER TO U.S. MARSHAL RE SERVICE OF PROCESS REQUIRING PERSONAL SERVICE UPON AN INDIVIDUAL: Correctional Officer Alexis Johnson. Signed by Judge Donald M. Middlebrooks on 7/30/2021. See attached document for full details. (daa)
July 30, 2021 Opinion or Order Filing 7 ORDER SETTING TRIAL DATE AND PRETRIAL SCHEDULE AND REFERRING SETTLEMENT CONFERENCE TO MAGISTRATE JUDGE. (Amended Pleadings due by 8/30/2021., Discovery due by 12/1/2021., Fact Discovery due by 12/1/2021., Expert Discovery due by 12/1/2021., Joinder of Parties due by 8/30/2021., In Limine Motions due by 1/27/2022., Dispositive Motions due by 12/15/2021., Jury Trial set for 3/14/2022 09:00 AM before Judge Donald M. Middlebrooks. Calendar Call set for 3/9/2022 01:15 PM before Judge Donald M. Middlebrooks), ORDER REFERRING CASE to Magistrate Judge William Matthewman for Settlement. Signed by Judge Donald M. Middlebrooks on 7/30/2021. See attached document for full details. (ebz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
July 30, 2021 Opinion or Order Filing 6 ORDER SCREENING CIVIL RIGHTS COMPLAINT UNDER THE PRISON LITIGATION REFORM ACT ("PLRA"). Plaintiff's First Amendment retaliation claim and punitive damage claim shall PROCEED solely against Defendant Alexis Johnson; Plaintiffs claims against Defendants Daniel Junior, Daniella Levine Cava, the Board of County Commissioners, E. Denson, Sgt. McKoy, and Sgt. McIntyre are DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief can be granted. Signed by Judge Donald M. Middlebrooks on 7/30/2021. See attached document for full details. (daa)
July 29, 2021 Opinion or Order Filing 5 ORDER GRANTING PLAINTIFF IN FORMA PAUPERIS STATUS AND ESTABLISHING A DEBT OF $350 [ECF No. #3 ]. Plaintiff's motion to proceed informa pauperis [ECF No. #3 ] is GRANTED. On or before AUGUST 31, 2021, Plaintiff shall pay $258.80 (20% of $1,294.00, the average six-month deposits) as a partial filing fee in this case. Plaintiff need not prepay costs for service of process. Plaintiff owes the United States a debt of $350.00 which must be paid to the Clerk of the Court as funds become available. Plaintiff shall ensure that the jail/prison having custody of Plaintiff shall make the initial $258.80 payment from the Plaintiff's inmate account statement to the Clerk of Court on or before the AUGUST 31, 2021 due date. Thereafter, the jail/prison having custody of 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. Signed by Judge Donald M. Middlebrooks on 7/29/2021. See attached document for full details. (daa)
July 29, 2021 Opinion or Order Filing 4 ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Donald M. Middlebrooks on 7/29/2021. See attached document for full details. (daa)
July 27, 2021 Filing 3 MOTION for Leave to Proceed in forma pauperis by Manuel Balbin. (daa)
July 27, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. (daa)
July 27, 2021 Filing 1 Complaint pursuant to 42 USC 1983 against E. Denson, Alexis Johnson, Daniel Junior, Daniella Levine Cava, McIntyre, McKoy, The Board of County Commissioners of Miami-Dade County. Filing fee $ 402.00. IFP Filed, filed by Manuel Balbin. (Attachments: #1 Exhibits)(daa)

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Plaintiff: Manuel Balbin
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Defendant: Daniel Junior
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Defendant: Daniella Levine Cava
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Defendant: The Board of County Commissioners of Miami-Dade County
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Defendant: Lt. E. Denson
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Defendant: Alexis Johnson
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Defendant: McKoy
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Defendant: Lt. McIntyre
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