Dumond v. Rodriguez
| Daniel Dumond |
| L. Rodriguez and Paz G. Montoya |
| Miami Dade Department of Corrections and Rehabilitation |
| 1:2022cv20561 |
| February 23, 2022 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Rodney Smith |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 State Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 15 CLERK'S NOTICE of compliance re #14 Order. Copy of Order, Complaint for Violation of Civil Rights (Prisoner) form and IFP Long form mailed to Plaintiff. (daa) |
Filing 14
ORDER. The Plaintiff's Notice of Inquiry [ECF No. #11 ], Motion for Leave to Proceed IFP [ECF No. #12 ], and Motion to Appoint Counsel [ECF No. #13 ] are all DENIED without prejudice. The Plaintiff shall file an Amended Complaint, which contains all of his claims against all defendants, by May 10, 2022. The Plaintiff shall also either: (1) pay the entire filing fee, or (2) file an adequate application to proceed IFP including a certified inmate account statement from the last six months by May 10, 2022. Failure to do so will also result in the Court dismissing the case without further notice. The Clerk is INSTRUCTED to provide the Plaintiff with two forms: "Complaint for Violation of Civil Rights (Prisoner) " and "Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)." The Clerk shall administratively CLOSE this case. The Court will reopen the case if the Plaintiff successfully and timely files his Amended Complaint and either pays the filing fee or submits a proper IFP form. Signed by Judge Roy K. Altman on 4/21/2022. See attached document for full details. (Attachments: #1 Complaint for Violation of Civil Rights (Prisoner) form, #2 IFP Long Form) (daa)
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| Filing 13 MOTION to Appoint Counsel by Daniel Dumond. Responses due by 4/26/2022 (ail) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis by Daniel Dumond. (ail) |
| Filing 11 NOTICE of Inquiry by Daniel Dumond (ail) |
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Filing 10
PAPERLESS ORDER denying Motion for Leave to Proceed in forma pauperis #3 , Emergency Motion for Leave to Proceed in forma pauperis #8 (collectively the "IFP Motions"), and Motion to Appoint Counsel #9 without prejudice. First, the Motion to Appoint Counsel is premature. Because the Plaintiff is a pro se plaintiff who has moved for leave to proceed IFP, his motion will be screened under the provisions of 1915. If the case is not dismissed during the screening processor if the Plaintiff chooses not to proceed IFPhe will have another chance to refile the Motion to Appoint Counsel. Second, the IFP Motions are insufficient. A prisoner seeking IFP status in a civil action is responsible for filing an affidavit and "a certified copy of the trust fund account statement (or institutional equivalent)... for the 6-month period immediately preceding the filing of the complaint... from the appropriate official of each prison at which the prisoner is or was confined." 28 U.S.C. 1915(a)(b). The Plaintiff has not supplied us with a copy of his certified inmate account statement. So, he is not in compliance with 1915. Thus, both IFP Motions are DENIED without prejudice. The Plaintiff must either (1) pay the entire filing fee, or (2) file an adequate application to proceed IFP by April 15, 2022. Failure to comply with this Order will result in sanctions, including dismissal without further notice. Signed by Judge Roy K. Altman on 3/24/2022. (daa)
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| Filing 9 NOTICE/ MOTION to Appoint Counsel Regarding Order of Consolidation by Daniel Dumond. Responses due by 4/4/2022 (ail) |
| Filing 8 EMERGENCY MOTION for Leave to Proceed in forma pauperis by Daniel Dumond. (ail) Text Modified on 3/22/2022 (ail). |
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Filing 7
ORDER CONSOLIDATING Case Numbers 22-cv-20562-RKA, 22-cv-20564-RKA, 22-cv-20565-RKA, and 22-cv-20566-RKA are hereby CONSOLIDATED into this Case (Number 22-cv-20561-RKA). All future filings shall be made under this CASE (Dumond v. Rodriguez, No. 22-cv-20561-RKA). Signed by Judge Roy K. Altman on 3/8/2022. See attached document for full details. (ail)
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| Filing 6 Clerks Notice of Docket Correction re #4 Order Reassigning/Transferring Case. Magistrate Judge incorrectly selected with pro se prisoner case. Magistrate Judge Reid is no longer referred the case. Corrected by the Clerk. (sk) |
| Filing 5 Case No Longer Referred to Magistrate Judge Lisette M. Reid (Per Chambers of District Judge Altman) (sk) |
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Filing 4
ORDER TRANSFERRING CASE to Judge Roy K. Altman for all further proceedings, accepted and signed on 2/25/2022. Judge Rodney Smith no longer assigned to case Signed by Judge Rodney Smith on 2/25/2022. See attached document for full details. (ail) Modified status/text on 3/3/2022 (sk).
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Daniel Dumond. (daa) |
| Filing 2 Judge Assignment to Judge Rodney Smith. (daa) |
| Filing 1 Complaint pursuant to 42 USC 1983 against L. Rodriguez. Filing fee $ 402.00. IFP Filed, filed by Daniel Dumond.(daa) |
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