Montoya v. Miami-Dade Police Department et al
Plaintiff: Andres Felipe Montoya
Defendant: Miami-Dade Police Department, Unknown Miami-Dade Police Officer, Miami-Dade Police Officer, Alfredo Ramirez III and M. Lomeli
Case Number: 1:2023cv20359
Filed: January 27, 2023
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 State Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2023 Opinion or Order Filing 19 PAPERLESS ORDER granting #16 Motion for Clarification. The Clerk of Court is directed to re-send Plaintiff a copy of the Court's Order Denying Motion for Doe Discovery, [ECF No. #10 ], to the address on file. Signed by Judge Darrin P. Gayles on 3/21/2023. (sil)
March 21, 2023 Opinion or Order Filing 18 PAPERLESS ORDER denying #15 Renewed Motion for Doe Discovery. Plaintiff's Motion requests the same relief as his prior Motion for Doe Discovery, [ECF No. #5 ], which the Court denied, [ECF No. #10 ]. Signed by Judge Darrin P. Gayles on 3/21/2023. (sil)
March 21, 2023 Opinion or Order Filing 17 PAPERLESS ORDER denying as moot #14 Motion to Withdraw Motion to Amend Complaint. Plaintiff's request to withdraw his Motion to Amend Complaint, [ECF No. #12 ], is moot because the Court struck that motion, [ECF No. 13 ]. Signed by Judge Darrin P. Gayles on 3/21/2023. (sil)
March 20, 2023 Filing 16 MOTION for clarification #10 Order on Motion for Discovery, by Andres Felipe Montoya. Responses due by 4/3/2023 (cqs)
March 16, 2023 Filing 15 RENEWED MOTION for DOE Discovery by Andres Felipe Montoya. Responses due by 3/30/2023 (cqs)
March 16, 2023 Filing 14 MOTION to Withdraw Document to Amend Complaint. by Andres Felipe Montoya. Responses due by 3/30/2023 (cqs)
March 14, 2023 Opinion or Order Filing 13 PAPERLESS ORDER striking #12 Plaintiff's Motion to Amend Complaint. Plaintiff's Motion is unnecessary, as the Court has already granted Plaintiff leave to file an Amended Complaint on or before April 10, 2023. See [ECF No. #7 ]. Moreover, pursuant to S.D. Fla. L.R. 15.1, any motion to amend must attach the entire amended pleading. Signed by Judge Darrin P. Gayles on 3/14/2023. (sil)
March 14, 2023 Filing 12 (STRICKEN PER DE#13) MOTION to Amend/Correct #1 Complaint 42 USC 1983 or Bivens, by Andres Felipe Montoya. Responses due by 3/28/2023 (cqs) Text Modified on 3/15/2023 (cqs).
March 8, 2023 Opinion or Order Filing 11 PAPERLESS ORDER denying as moot #5 Motion for Doe Discovery and an Expedited Ruling. The Motion requests an expedited ruling on Plaintiff's Motion/Request for Doe Discovery, [ECF No. #4 ], which the Court subsequently denied without prejudice, [ECF No. #10 ]. Therefore, Plaintiff's Motion is moot. Signed by Judge Darrin P. Gayles on 3/8/2023. (sil)
March 6, 2023 Opinion or Order Filing 10 ORDER. Plaintiff's Motion for Doe Discovery [ECF No. #4 ] is DENIED. On or before April 10, 2023, Plaintiff shall submit a Notice to the Court providing sufficient information on Officer Doe to enable the Court to effect service upon him. Signed by Judge Darrin P. Gayles on 3/6/2023. See attached document for full details. (daa)
March 6, 2023 Opinion or Order Filing 9 ORDER REQUIRING PERSONAL SERVICE BY THE U.S. MARSHAL. Signed by Judge Darrin P. Gayles on 3/6/2023. See attached document for full details. (daa)
March 6, 2023 Filing 8 Summons Issued as to Officer M. Lomeli, (#9980). (daa)
March 6, 2023 Opinion or Order Filing 7 ORDER ALLOWING COMPLAINT TO PROCEED IN PART. Plaintiff's Complaint [ECF No. #1 ] is ALLOWED TO PROCEED as to the false arrest claims against Officer M. Lomeli and Officer Doe in their individual capacities. Plaintiff's false arrest claims against Director Ramirez and the Miami-Dade Police Department and his ADA claim against Officer Lomeli are DISMISSED WITHOUT PREJUDICE. Plaintiff shall have until April 10, 2023, to file an amended complaint. Signed by Judge Darrin P. Gayles on 3/6/2023. See attached document for full details. (Attachments: #1 Complaint for Violation of Civil Rights (Prisoner) form) (daa)
March 6, 2023 Opinion or Order Filing 6 ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS AND ESTABLISHING A DEBT OF $350. Plaintiff's Motion for Leave to Proceed IFP [ECF No. #3 ] is GRANTED to the extent that Plaintiff need not prepay even a partial filing fee in this case, or to prepay costs such as for service of process. Plaintiff owes the United States a debt of $350.00 which must be paid to the Clerk of this Court as funds become available. 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 Darrin P. Gayles on 3/6/2023. See attached document for full details. (daa)
March 3, 2023 Filing 5 MOTION For Doe Discovery and an Expedited Ruling by Andres Felipe Montoya. (cqs)
January 27, 2023 Filing 4 MOTION/Request for Doe Discovery by Andres Felipe Montoya.(daa)
January 27, 2023 Filing 3 MOTION for Leave to Proceed in forma pauperis by Andres Felipe Montoya. (daa)
January 27, 2023 Filing 2 Judge Assignment to Judge Darrin P. Gayles. (daa)
January 27, 2023 Filing 1 Complaint pursuant to 42 USC 1983 against Miami-Dade Police Department, Miami-Dade Police Officer, Alfredo Ramirez III, Unknown Miami-Dade Police Officer. Filing fee $ 402.00. IFP Filed, filed by Andres Felipe Montoya. (Attachments: #1 Exhibits, #2 Proposed Summon(s))(daa)

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Plaintiff: Andres Felipe Montoya
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Defendant: Miami-Dade Police Department
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Defendant: Unknown Miami-Dade Police Officer
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Defendant: Alfredo Ramirez III
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Defendant: M. Lomeli
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