Boyle v. TracFone Wireless, Inc. et al
| Richard Gerard Boyle |
| TracFone Wireless, Inc. and Magen Menendez |
| 1:2023cv24504 |
| November 27, 2023 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on January 18, 2024. A more recent docket listing may be available from PACER.
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Filing 19
ORDER DENYING #18 PLAINTIFF'S MOTION TO AMEND. Signed by Judge Roy K. Altman on 1/18/2024. See attached document for full details. (caw)
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| Filing 18 MOTION to Alter or Amend #6 Judgment Pursuant to Federal Rule of Civil Procedure 59(e), by Richard Gerard Boyle. Responses due by 1/23/2024. (scn) |
| Filing 17 NOTICE TO COURT Re: Returned privileged mail - missing Court Control Number ("CCN") by Richard Gerard Boyle. (caw) |
| Filing 16 Acknowledgment of Receipt of NOA from USCA re #10 Notice of Appeal, filed by Richard Gerard Boyle. Date received by USCA: 12/19/2023. USCA Case Number: 23-14100-C. (jgo) |
| Filing 15 Important NOTICE to Clerk of Court by Richard Gerard Boyle. (kpe) |
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Filing 14
PAPERLESS ORDER denying #13 Motion for Leave to Appeal in forma pauperis without prejudice. Motions to appeal in forma pauperis are governed by 28 U.S.C. 1915 and Rule 24 of the Federal Rules of Appellate Procedure. A proper motion to proceed in forma pauperis ("IFP") on appeal requires (1) an affidavit that (2) shows in detail the party's inability to pay or to give security for fees and costs, (3) claims an entitlement to redress, and (4) states the issues that the party intends to present on appeal. See Fed. R. App. P. 24(a)(1). Boyle's IFP Motion does not say which issues he intends to present on appeal. See generally IFP Motion [ECF No. #13 ]. Having failed to meet all of the requirements of Rule 24, Boyle's IFP Motion is DENIED without prejudice. Signed by Judge Roy K. Altman on 12/19/2023. (cps)
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| Filing 11 CLERK'S NOTICE of Mailing Pro Se Instructions to Richard Gerard Boyle re #10 Notice of Appeal. (apz) |
| Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re #12 Notice of Appeal, Notice has been electronically mailed. (apz) |
| Filing 13 MOTION for Leave to Appeal in forma pauperis by Richard Gerard Boyle (construed from Application to Proceed in District Court Without Prepaying Fees or Costs). (apz) |
| Filing 12 Second Notice of Appeal re #6 Order Dismissing/Closing Case by Richard Gerard Boyle. IFP Filed. 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) Modified text on 12/19/2023 (apz). |
| Filing 9 Clerk NOTICE of Compliance re 8 Paperless Order: a new copy of Order [ECF No. 6] was mailed to the Plaintiff. The "court control number" was included on Plaintiff's mailing envelope. (kma) |
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Filing 8
PAPERLESS ORDER requiring the Clerk of the Court to send the Plaintiff a new copy of our December 1, 2023 Order [ECF No. #6 ]. On December 14, 2023, the Plaintiff sent an "Important Notice to the Clerk of Court" explaining that "mail from your court was 'Returned to Sender' because it was missing the [court control number]." Notice to Clerk [ECF No. #7 ] at 1. The Plaintiff is currently incarcerated at a facility run by the Pennsylvania Department of Corrections, and the Department requires that all legal mail have a "court control number... placed on the exterior of the envelope." Travillion v. Pa. Dep't of Corr., 2023 WL 6796538, at *2 (M.D. Pa. Oct. 13, 2023). We've since received a "court control number" from the Pennsylvania Department of Corrections and the Clerk has added it to the Plaintiff's mailing address on file. Accordingly, we now ORDER the Clerk to send the Plaintiff a new copy of our December 1, 2023 Order [ECF No. #6 ], taking care to include the "court control number" on its mailing envelope. If the Plaintiff believes that late notice of our December 1, 2023 Order affected any of his rights, then he is welcome to file an appropriate motion. Signed by Judge Roy K. Altman on 12/18/2023. (cps)
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| Filing 10 Notice of Appeal re #6 Order Dismissing/Closing Case by Richard Gerard Boyle. Receipt#: 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) |
| 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) |
| Filing 7 NOTICE TO COURT by Richard Gerard Boyle. (caw) |
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Filing 6
ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM; DENYING ALL PENDING MOTIONS AS MOOT; AND CLOSING CASE. Signed by Judge Roy K. Altman on 12/1/2023. See attached document for full details. (caw)
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| Filing 5 MOTION to Request The Court to Order Marshal Service to Serve Each Defendant without Cost to Plaintiff by Richard Gerard Boyle. Responses due by 12/11/2023 (Attachments: #1 Order)(kma) |
| Filing 4 MOTION for Appointment of Pro Bono Counsel by Richard Gerard Boyle. Responses due by 12/11/2023 (kma) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Richard Gerard Boyle. (kma) |
| Filing 2 Judge Assignment to Judge Roy K. Altman (kma) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Magen Menendez, TracFone Wireless, Inc.. Filing fee $ 402.00 (IFP Motion filed), filed by Richard Gerard Boyle. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - T, #3 Certificate of Service)(kma) |
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