Pyatt, Jr. v. AECOM Technical Services, Inc.
| Joe Nathan Pyatt, Jr. |
| AECOM Technical Services, Inc. |
| 1:2024cv25007 |
| December 18, 2024 |
| U.S. District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 14, 2025. A more recent docket listing may be available from PACER.
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| Filing 12 RENEWED MOTION for Leave to Appeal In Forma Pauperis by Joe Nathan Pyatt, Jr.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(jgo) |
| Filing 11 Acknowledgment of Receipt of NOA from USCA re #7 Notice of Appeal, filed by Joe Nathan Pyatt, Jr.. Date received by USCA: 01/30/2025. USCA Case Number: 25-10307-C. (jgo) |
Filing 10
PAPERLESS ORDER denying Plaintiff's #8 Motion for Leave to Appeal in forma pauperis ("IFP"). A proper motion to proceed 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). Here, Plaintiff has not identified the issues he seeks to raise on appeal. See generally Notice of Appeal, [ECF No. 7]; IFP Motion, [ECF No. 8]. In any event, an appeal may not be taken IFP "if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. 1915(a)(3). "A party demonstrates good faith by seeking appellate review of any issue that is not frivolous when examined under an objective standard." Ghee v. Retailers Nat. Bank, 271 F. App'x 858, 859 (11th Cir. 2008) (citing Coppedge v. United States, 369 U.S. 438, 445 (1962)). "An issue is frivolous when it appears that the legal theories are indisputably meritless" and "if it is without arguable merit either in law or fact." Id. The Court certifies that this appeal is not taken in good faith. The Court determined that Plaintiff's #1 Complaint brought under 42 U.S.C. 1981 was clearly barred under the applicable federal and state statutes of limitations, as Defendant's injurious conduct ended six years before Plaintiff initiated this action. See Order, [ECF No. 4], at 3-6. Assuming Plaintiff wishes to challenge this determination, his appeal lacks any arguable merit. Accordingly, Plaintiff's #8 Motion for Leave to Appeal IFP is DENIED. Signed by Judge Rodolfo A. Ruiz, II on 1/30/2025. (gan)
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| Filing 9 TRANSCRIPT ORDER FORM filed by Joe Nathan Pyatt, Jr. re #7 Notice of Appeal, filed by Joe Nathan Pyatt, Jr.. No Transcript Requested. (jgo) |
| Filing 8 MOTION for Leave to Appeal in forma pauperis by Joe Nathan Pyatt, Jr.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(jgo) |
| Filing 7 Notice of Appeal re #4 Order Dismissing/Closing Case, by Joe Nathan Pyatt, Jr... 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. (jgo) |
| Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re #7 Notice of Appeal. Notice has been electronically mailed. (jgo) |
| Filing 6 CLERK'S NOTICE of Mailing Copy of Docket Sheet to Joe Nathan Pyatt, Jr. (ls) |
| Filing 5 REQUEST for Copy of Docket by Joe Nathan Pyatt, Jr. (ls) |
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Filing 4
ORDER DISMISSING COMPLAINT: It is hereby ORDERED AND ADJUDGED that the Complaint, [ECF No. 1], is DISMISSED with prejudice as barred by the statute of limitations. Plaintiff's Motion for Leave to Proceed in forma pauperis, [ECF No. 3], is DENIED as moot, and all deadlines, if any, are TERMINATED. This case is CLOSED. (With Prejudice) Signed by Judge Rodolfo A. Ruiz, II on 12/31/2024. See attached document for full details. (scn)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Joe Nathan Pyatt, Jr. (caw) |
| Filing 2 Clerk's Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (caw) |
| Filing 1 COMPLAINT against AECOM Technical Services, Inc. Filing fees $ 405.00. IFP Filed, filed by Joe Nathan Pyatt, Jr. (Attachments: #1 Civil Cover Sheet)(caw) |
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| Plaintiff: Joe Nathan Pyatt, Jr. | |
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