Gilberti v. Biden et al
Plaintiff: Joseph D. Gilberti, Jr.
Defendant: President Joe Biden, George W. Bush, Bill Clinton, Governor Ron DeSantis, Charlie Crist, Nikolas Cruz, 72 Partners LLC., Christopher Shaw, Scott Isreal, Scot Peterson and Second District Court of Appeals of Florida
Case Number: 1:2022cv23850
Filed: November 22, 2022
Court: U.S. District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1983 Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 11, 2023 Opinion or Order Filing 12 PAPERLESS ORDER denying as moot #9 Plaintiff's Request for Extension to Amend Complaint in light of the Court's Order on January 6, 2023. See [ECF No. 8]. The instant motion is identical to #5 Plaintiff's Request for Extension to Amend Complaint filed on January 3, 2023. Signed by Judge Darrin P. Gayles on 1/11/2023. (mja)
January 10, 2023 Filing 11 CLERK'S NOTICE of Mailing Pro Se Instructions to Joseph D. Gilberti, Jr. re #10 Notice of Appeal. (apz)
January 10, 2023 Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re #10 Notice of Appeal, Notice has been electronically mailed. (apz)
January 9, 2023 Filing 13 Acknowledgment of Receipt of NOA from USCA re #6 Notice of Appeal, filed by Joseph D. Gilberti, Jr. Date received by USCA: 1/6/2023. USCA Case Number: 23-10053-B. (apz)
January 6, 2023 Opinion or Order Filing 8 PAPERLESS ORDER denying #5 Plaintiff's Request for Extension to Amend Complaint. On November 23, 2022, the Court dismissed this case without prejudice, but gave Plaintiff twenty (20) days to file an amended complaint. See [ECF No. 4]. Plaintiff did not file an amended complaint or request an extension to do so by that deadline. Accordingly, the instant Request is DENIED. Because this case was dismissed without prejudice, Plaintiff may file a new action if he chooses to do so. This case is CLOSED. Signed by Judge Darrin P. Gayles on 1/6/2023. (mja)
January 6, 2023 Filing 7 CLERK'S NOTICE of Mailing Pro Se Instructions to Joseph D. Gilberti, Jr. re #6 Notice of Appeal. (kpe)
January 6, 2023 Transmission of Notice of Appeal, Order and Docket Sheet to US Court of Appeals re #6 Notice of Appeal, Notice has been electronically mailed. (kpe)
January 3, 2023 Filing 6 Notice of Appeal as to 4 Order by Joseph D. Gilberti, Jr. Filing fee $ 505.00. FILING FEE NOT PAID. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (kpe)
January 3, 2023 Filing 5 REQUEST for Extension to Amend Complaint by Joseph D. Gilberti, Jr. Responses due by 1/17/2023 (Attachments: #1 Exhibit)(kpe) (Attachment 1 replaced on 1/6/2023) (kpe).
December 21, 2022 Filing 10 Notice of Appeal re 4 Order Dismissing/Closing Case by Joseph D. Gilberti, Jr. FILING FEE: (NOT PAID). Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (apz)
December 21, 2022 Filing 9 REQUEST for Extension to Amend Complaint by Joseph D. Gilberti, Jr. Responses due by 1/24/2023 (apz) Modified text on 1/10/2023 (apz).
November 23, 2022 Opinion or Order Filing 4 PAPERLESS ORDER dismissing case without prejudice. Plaintiff's #1 Complaint is a shotgun pleading. Weiland v. Palm Beach Cnty. Sheriffs Off. , 792 F.3d 1313, 1320-21 (11th Cir. 2015). Sub-Counts I through IV of Plaintiff's Complaint incorporate by reference all prior paragraphs, "leading to a situation where most of the counts (i.e., all but the first) contain irrelevant factual allegations and legal conclusions." Strategic Income Fund, L.L.C. v. Spear, Leeds & Kellogg Corp., 305 F.3d 1293, 1295 (11th Cir. 2002); Magluta v. Samples, 256 F.3d 1282, 1284 (11th Cir. 2001). Plaintiff also groups together defendants without specifying how each is responsible for the relevant counts. These are technical, yet significant, errors which require dismissal. Shotgun complaints make it "virtually impossible to know which allegations of fact are intended to support which claim(s) for relief." Anderson v. Dist. Bd. of Trs. of Cent. Fla. Cmty. Coll., 77 F.3d 364, 366 (11th Cir. 1996). As such, shotgun complaints are routinely condemned by the Eleventh Circuit. Plaintiff may file an Amended Complaint within 20 days of this order. Any pending motions are denied as moot. This case is CLOSED. Signed by Judge Darrin P. Gayles on 11/23/2022. (mja)
November 22, 2022 Filing 3 MOTION for Leave to Proceed in forma pauperis by Joseph D. Gilberti, Jr. (mab)
November 22, 2022 Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mab)
November 22, 2022 Filing 1 COMPLAINT against 72 Partners LLC., Joe Biden, George W. Bush, Bill Clinton, Charlie Crist, Nikolas Cruz, Ron DeSantis, Scott Isreal, Scot Peterson, Second District Court of Appeals of Florida, Christopher Shaw. Filing fees $ 402.00 not paid. IFP Filed. Filed by Joseph D. Gilberti, Jr. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(mab)

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Plaintiff: Joseph D. Gilberti, Jr.
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Defendant: President Joe Biden
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Defendant: George W. Bush
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Defendant: Governor Ron DeSantis
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Defendant: Nikolas Cruz
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Defendant: 72 Partners LLC.
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Defendant: Christopher Shaw
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Defendant: Scott Isreal
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Defendant: Scot Peterson
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Defendant: Second District Court of Appeals of Florida
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