Gatlyn v. Sergeant Moore et al
| Peter A Gatlyn |
| Sergeant Moore and John Doe |
| 1:2023cv24537 |
| November 30, 2023 |
| US District Court for the Southern District of Florida |
| Robin L Rosenberg |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 State Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 11 SUMMONS (Affidavit) Returned Executed by U.S. Marshals Service on #1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Sergeant Moore served on 1/22/2024, response/answer due 2/12/2024. (mee) |
| Filing 10 CLERK'S Notice Of Compliance re #7 SCREENING ORDER, #8 Summons Issued, #9 ORDER TO U.S. MARSHAL RE: SERVICE OF PROCESS REQUIRING PERSONAL SERVICE. Additional Notice of Electronic Filing (NEF) sent to United States Marshal Service (public entries only). A Copy was provided to the United States Marshal Service (Mailbox). The plaintiff received a copy of this order. (Attachments: #1 Screening Order, #2 Complaint (Civil Rights)) (rbe) |
| Filing 8 Summons Issued as to Sergeant Moore. (rbe) |
Filing 9
ORDER TO U.S. MARSHAL RE: SERVICE OF PROCESS REQUIRING PERSONAL SERVICE re #8 Summons Issued. Signed by Judge Robin L. Rosenberg on 12/18/2023. See attached document for full details. (rbe)
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Filing 7
SCREENING ORDER re #1 Complaint pursuant to 42 USC 1983 against John Doe, Sergeant Moore. For the following reasons, the claims raised in Plaintiff's Complaint shall PROCEED to service in part and are DISMISSED WITHOUT PREJUDICE in part. Plaintiff's Interrogatories and Request for Production of Documents [DE 1-1, 1-2] are STRICKEN as premature. Signed by Judge Robin L. Rosenberg on 12/18/2023. See attached document for full details. (Attachments: #1 Complaint For Violation Of Civil Rights) (rbe)
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Filing 6
PAPERLESS ORDER denying #4 Motion to Appoint Counsel. "A plaintiff in a civil case has no constitutional right to counsel." Bass v. Perrin , 170 F.3d 1312, 1320 (11th Cir. 1999). A court has discretion to appoint counsel only in exceptional circumstances, "such as where the facts and legal issues are so novel or complex as to require the assistance of a trained practitioner." Fowler v. Jones , 899 F.2d 1088, 1096 (11th Cir. 1990). "The key is whether the pro se litigant needs help in presenting the essential merits of his or her position to the court. Where the facts and issues are simple, he or she usually will not need such help. Kilgo v. Ricks , 983 F.2d 189, 193 (11th Cir. 1993). The Court finds that the facts and issues presented in Plaintiff's Complaint are not "so novel or complex" as to require appointment of counsel, at least at this stage in the proceedings. Bass, 170 F.3d at 1320. Signed by Judge Robin L. Rosenberg on 12/18/2023. (css)
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Filing 5
ORDER GRANTING #3 MOTION TO PROCEED in forma pauperis. Plaintiff owes the United States a debt of $350.00 which must be paid to the Clerk of the Court as funds become available. Signed by Judge Robin L. Rosenberg on 12/15/2023. See attached document for full details. (rbe)
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| Filing 4 MOTION to Appoint Counsel by Peter A Gatlyn. Responses due by 12/14/2023 (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration in Support of Motion)(kma) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Peter A Gatlyn. (kma) |
| Filing 2 Judge Assignment to Judge Robin L. Rosenberg (kma) |
| Filing 1 Complaint pursuant to 42 USC 1983 against John Doe, Sergeant Moore. Filing fee $ 405.00 (IFP Motion filed), filed by Peter A Gatlyn. (Attachments: (Stricken Per Order DE #7 ) #1 Interrogatories and Request for Production of Documents, (Stricken Per Order DE #7 ) #2 First Request for Production of Documents)(kma) Modified To Strike Per DE #7 on 12/19/2023 (rbe). |
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