Varnier v. Papillon et al
Plaintiff: Roy L. Varnier
Defendant: Dr. Franck Papillon, Dr. A. Pino, Mr. Mark Inch and Mr. A. Martinez
Case Number: 1:2021cv23412
Filed: September 23, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 19, 2021 Filing 21 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint 42 USC 1983 or Bivens by Franck Papillon. (Hanson, Jacob)
November 19, 2021 Filing 20 NOTICE of Attorney Appearance by Brian Alexander Wahl on behalf of Franck Papillon. Attorney Brian Alexander Wahl added to party Franck Papillon(pty:dft). (Wahl, Brian)
November 19, 2021 Filing 19 NOTICE of Attorney Appearance by Jacob Brandon Hanson on behalf of Franck Papillon. Attorney Jacob Brandon Hanson added to party Franck Papillon(pty:dft). (Hanson, Jacob)
November 17, 2021 Filing 18 SUMMONS (Affidavit) Returned Executed on #1 Complaint 42 USC 1983 or Bivens with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Mark Inch served on 11/10/2021, response/answer due 12/1/2021. (ebz)
November 10, 2021 Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint 42 USC 1983 or Bivens with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Franck Papillon served on 11/9/2021, response/answer due 11/30/2021. (ebz)
November 10, 2021 Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint 42 USC 1983 or Bivens with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 A. Martinez served on 11/9/2021, response/answer due 11/30/2021. (ebz)
October 29, 2021 Filing 15 Summons Issued as to Mark Inch, Secretary, Florida Department of Corrections. (daa)
October 29, 2021 Filing 14 Summons Issued as to A. Martinez Assistant Warden. (daa)
October 29, 2021 Filing 13 Summons Issued as to Dr. A. Pino Medical Doctor. (daa)
October 29, 2021 Filing 12 Summons Issued as to Dr. Franck Papillon Chief Health Officer. (daa)
October 28, 2021 Filing 11 Terminating #8 Motion for Referral to Volunteer Attorney Program per docket entry 10 . (sil)
October 28, 2021 Opinion or Order Filing 10 PAPERLESS ORDER denying, without prejudice, #4 Request for Referral to Volunteer Attorney Program; #8 Request for Volunteer Counsel. District courts lack authority to require counsel to represent indigent prisoners in 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, courts may request an attorney to voluntarily represent such a plaintiff. See 28 U.S.C. 1915(e)(1). However, at this early stage in the proceedings, Plaintiff has yet to show exceptional circumstances warranting the appointment of counsel. Therefore, his motions are denied without prejudice. Signed by Judge Darrin P. Gayles on 10/28/2021. (sil)
October 26, 2021 Filing 9 NOTICE OF FILING REQUEST TIMELY by Roy L. Varnier re #8 MOTION for Referral to Volunteer Attorney Program (ebz)
October 26, 2021 Filing 8 REQUEST FOR VOLUNTEER COUNSEL by Roy L. Varnier. (ebz)
October 19, 2021 Filing 7 NOTICE of Inquiry by Roy L. Varnier. (Copy of Docket Sheet, blank Summons, DE#5 Order on Motion for Leave to Proceed in forma pauperis, and DE#6 Order mailed) (ebz)
October 8, 2021 Opinion or Order Filing 6 ORDER REQUIRING PERSONAL SERVICE BY THE U.S. MARSHAL. Signed by Judge Darrin P. Gayles on 10/8/2021. See attached document for full details. (ebz)
October 8, 2021 Opinion or Order Filing 5 ORDER GRANTING MOTION TO PROCEED IFP AND ALLOWING COMPLAINT TO PROCEED PURSUANT TO 28 U.S.C. 1915 re #3 Motion for Leave to Proceed in forma pauperis. Plaintiff to Proceed without Prepayment of Filing Fee but Establishing Debt to Clerk of $ 350.00. USM Service Ordered and Summonses NOT provided for USM Service. Plaintiff's Complaint DE#1 is ALLOWED TO PROCEED. Signed by Judge Darrin P. Gayles on 10/8/2021. See attached document for full details. (ebz)
October 5, 2021 Filing 4 MOTION for Referral to Volunteer Attorney Program by Roy L. Varnier. (mc)
September 23, 2021 Filing 3 MOTION for Leave to Proceed in forma pauperis by Roy L. Varnier. (daa)
September 23, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. (daa)
September 23, 2021 Filing 1 Complaint pursuant to 42 USC 1983 against Mark Inch, A. Martinez, Franck Papillon, A. Pino. Filing fee $ 402.00. IFP Filed, filed by Roy L. Varnier.(daa)

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Plaintiff: Roy L. Varnier
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Defendant: Dr. Franck Papillon
Represented By: Brian Alexander Wahl
Represented By: Jacob Brandon Hanson
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Defendant: Dr. A. Pino
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Defendant: Mr. Mark Inch
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Defendant: Mr. A. Martinez
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