Smith v. Tomson et al
| Herman Lee Smith |
| T. Tomson and J. Johnson |
| 1:2021cv23739 |
| October 21, 2021 |
| US District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.
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Filing 14
ORDER DISMISSING CIVIL RIGHTS SECOND AMENDED COMPLAINT UNDER THE PRISON LITIGATION REFORM ACT ("PLRA"). The Plaintiff's Second Amended Complaint (DE #12 ) is DISMISSED with prejudice for failure to state a claim upon which relief can be granted; All pending motions are DENIED AS MOOT; and, The Clerk of Court is instructed to CLOSE THIS CASE. Signed by Judge Donald M. Middlebrooks on 12/14/2021. See attached document for full details. (daa)
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| Filing 13 MOTION to Compel The United States District Court to Press Charges Against Two Correction Officers by Herman Lee Smith. Responses due by 12/14/2021 (cds) |
| Filing 12 SECOND AMENDED COMPLAINT against J. Johnson, T. Tomson filed in response to Order Granting Motion for Leave, filed by Herman Lee Smith.(cqs) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by Herman Lee Smith. (cds) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis by Herman Lee Smith. (cds) |
| Filing 9 CLERK'S NOTICE of compliance re #8 Order. Copy of Order and form mailed to Plaintiff. (daa) |
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Filing 8
ORDER DISMISSING CIVIL RIGHTS AMENDED COMPLAINT UNDER THE PRISON LITIGATION REFORM ACT ("PLRA"). The Plaintiff's Amended Complaint (DE #7 ) is DISMISSED without prejudice for failure to state a claim upon which relief can be granted; On or before DECEMBER 10, 2021, Plaintiff may, if he so chooses, file a Second Amended Complaint providing a short and plain statement of the claim or claims with supporting facts against each named Defendant, a basis for federal jurisdiction, and a demand for judgment. The Plaintiff was previously provided a form complaint for his use ( see DE #6 Attachment 1), however another form will be attached to this Order. Plaintiff's failure to timely file a timely Second Amended Complaint may result in dismissal of this case without prejudice. Signed by Judge Donald M. Middlebrooks on 11/9/2021. See attached document for full details. (Attachments: #1 Complaint for Violation of Civil Rights (Prisoner) form) (daa)
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| Filing 7 AMENDED COMPLAINT against J. Johnson, T. Tomson, filed by Herman Lee Smith.(cds) |
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Filing 6
ORDER DISMISSING CIVIL RIGHTS COMPLAINT UNDER THE PRISON LITIGATION REFORM ACT ("PLRA"). The Plaintiff's Complaint (DE #1 ) is DISMISSED without prejudice for failure to state a claim upon which relief can be granted. On or before NOVEMBER 29, 2021, Plaintiff may, if he so chooses, file an Amended Complaint providing a short and plain statement of the claim or claims with supporting facts against each named Defendant, a basis for federal jurisdiction, and a demand for judgment. The Plaintiff shall be provided a form complaint for his use; Plaintiff's failure to timely file an Amended Complaint may result in dismissal of this case without prejudice. Signed by Judge Donald M. Middlebrooks on 10/28/2021. See attached document for full details. (Attachments: #1 Complaint for Violation of Civil Rights (Prisoner) form) (daa)
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| Filing 5 CLERK'S NOTICE of compliance re #4 Order. Copy of Order and form mailed to Plaintiff. (daa) |
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Filing 4
ORDER REQUIRING PAYMENT OF $402 FILING FEE OR APPLICATION TO PROCEED IN FORMA PAUPERIS ALONG WITH SUPPORTING FINANCIAL AFFIDAVIT. On or before NOVEMBER 29, 2021, Plaintiff shall either pay the $402.00 filing fee or shall complete and file the form application to proceed without payment of fees attached to this Order. The Clerk of Court is directed to provided Plaintiff with the application to proceed IFP along with Plaintiff's copy of this Order and shall note the docket accordingly. Signed by Judge Donald M. Middlebrooks on 10/27/2021. See attached document for full details. (Attachments: #1 IFP Form) (daa)
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Filing 3
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Judge Donald M. Middlebrooks on 10/27/2021. See attached document for full details. (daa)
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| Filing 2 Judge Assignment to Judge Donald M. Middlebrooks (daa) |
| Filing 1 Complaint pursuant to 42 USC 1983 against J. Johnson, T. Tomson. Filing fee $ 402.00 (Filing fee not paid/IFP Motion not filed), filed by Herman Lee Smith.(daa) |
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