Restricted Filer - Ruiz v. City of Miami Beach et al
| Ramon Ruiz |
| City of Miami Beach, Officer F. Bolanos, Officer B. Vicens, Officer B. Beltran, Miami-Dade County, Chief Judge Nushin G. Sayfie, Juan Alfonso Fernandez-Barquin, Judge Robin Wilson Faber, Judge Julie Harris Nelson, Sabrina Maria Richardson, Samantha Johnson, Miami-Dade Sheriff Officers 1-8, TGK OFFICIALS 1-5 and JOHN DOES 1-10 |
| 1:2025cv22822 |
| June 23, 2025 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| Kathleen M Williams |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 10, 2025. A more recent docket listing may be available from PACER.
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Filing 88
ORDER denying #82 Motion for Leave to Appeal in forma pauperis. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 11/10/2025. See attached document for full details. (amb)
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| Filing 87 Acknowledgment of Receipt of NOA from USCA re #81 Notice of Appeal, filed by Ramon Restricted Filer - Ruiz. Date received by USCA: 9/17/2025. USCA Case Number: 25-13239-A. (apz) |
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Filing 86
PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiff's Emergency Motion to Supplement Appellate Record, Preserve Evidence, and Address Procedural Irregularities (DE #85 ) ("Motion"). Even though he is proceeding pro se, Plaintiff has an obligation to familiarize himself with the Federal Rules of Appellate Procedure and the Eleventh Circuit Rules, including those governing transmission of records. See 11th Cir. R. 11-2. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's Motion (DE #85 ) is DENIED. The Court has repeatedly warned Plaintiff that further misuse of the "emergency" motion designation would subject him to sanctions, including restrictions on his ability to submit further filings in this case. (DE 37; DE 40; DE 59). Plaintiff has failed to heed those warnings. Accordingly, the Court DIRECTS the Clerk of Court to place Plaintiff on the Court's restricted-filer database. Other than filings made through an attorney or upon payment of the applicable filing fee, the Clerk shall not accept any further pro se pleadings in this case. This restriction does not apply to Plaintiff's already-filed Notice of Appeal (DE #81 ) and does not prevent him from pursuing relief in the Eleventh Circuit. Signed by Judge Kathleen M. Williams on 9/18/2025. (ah06)
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| Filing 85 EMERGENCY MOTION to Supplement Appellate Record, Preserve Evidence, and Address Procedural Irregularities re #81 Notice of Appeal, #76 MOTION for Relief from Final Judgment pursuant to Rule 60(b), for Leave to file Amended Complaint, and Incorporated Memorandum of Law re #74 Order Adopting Report and Recommendations, Order on Report and Recommendations, Order on Motion for Reconsideration, 77 Clerk's Notice of Docket Correction - Chambers and Clerks, by Ramon Ruiz. (Attachments: #1 Text of Proposed Order)(apz) |
| Filing 84 TRANSCRIPT ORDER FORM filed by Ramon Ruiz re #81 Notice of Appeal, filed by Ramon Ruiz. No Transcript Requested. (apz) |
| Filing 83 CLERK'S NOTICE of Mailing Pro Se Instructions to Ramon Ruiz re #81 Notice of Appeal. (apz) |
| Filing 82 MOTION for Permission to Appeal in Forma Pauperis and Affidavit by Ramon Ruiz. (apz) |
| Filing 81 Notice of Appeal re 79 Order on Motion to Alter Judgment, #74 Order Adopting Report and Recommendations, Order on Report and Recommendations, Order on Motion for Reconsideration, Order on Motion for Miscellaneous Relief, Order on Motion for Clarification, Order on Motion for Declaratory Judgment, Order on Motion to Set Aside, Order on Motion to Seal, Order on Motion for Leave to Proceed in forma pauperis, Order on Motion for Preliminary Injunction, Order on Motion for Temporary Restraining Order, Order on Motion for Leave to File, 80 Order on Motion for Miscellaneous Relief, by Ramon Ruiz. 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) |
| Transmission of Notice of Appeal, Orders under appeal, and Docket Sheet to US Court of Appeals re #81 Notice of Appeal, Notice has been electronically mailed. (apz) |
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Filing 80
PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiff's Motion for Relief from Final Judgment Pursuant to Rule 60(b) (DE #78 ) ("Motion"). In the Motion, Plaintiff argues that admissions allegedly made by Defendant City of Miami Beach in underlying state criminal proceedings constitute newly discovered evidence and establish extraordinary circumstances warranting relief. As an initial matter, Plaintiff's Amended Complaint was dismissed on shotgun pleading grounds, and leave to amend was denied because the proposed second amended complaint failed to cure those deficiencies. The purported new evidence does not alter that conclusion. See Imperato v. Hartford Ins. Co., 803 F. App'x 229, 231 (11th Cir. 2020) ("Evidence that would not produce a new result cannot merit relief under Rule 60(b)(2)."). Moreover, a Rule 60(b)(2) motion is an "extraordinary motion" and its requirements "must be strictly met." Toole v. Baxter Healthcare Corp., 235 F.3d 1307, 1316 (11th Cir. 2002). Plaintiff has not satisfied that high burden. Further, "based on the text of Rule 60(b)(2), it only applies in cases where there has been a trial," which is not the case here. Smith v. Perry, 2022 WL 22899596, at *1 (M.D. Ga. Oct. 25, 2022). Plaintiff's reliance on Rule 60(b)(6) likewise fails. Plaintiff has not shown the kind of extraordinary circumstances that would justify relief. See Toole, 235 F.3d at 1317 ("[A] Rule 60(b)(6) movant must persuade the court that the circumstances are sufficiently extraordinary to warrant relief. Even then, whether to grant the requested relief is... a matter for the district court's sound discretion.") (citations and quotations omitted). Accordingly, upon review of the Motion, the record, and applicable law, it is ORDERED AND ADJUDGED that Plaintiff's Motion (DE #78 ) is DENIED. This case shall remain CLOSED. Signed by Judge Kathleen M. Williams on 9/16/2025. (ah06)
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Filing 79
PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiff's Motion to Alter or Amend Judgment Pursuant to Rule 59(e) (DE #75 ) ("Motion"). In the Motion, Plaintiff argues the Court committed manifest error in denying leave to amend and dismissing his Amended Complaint with prejudice."The only grounds for granting a Rule 59 motion are newly-discovered evidence or manifest errors of law or fact." Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007). "A manifest error is one that amounts to a wholesale disregard, misapplication, or failure to recognize controlling precedent." Shuler v. Garrison, 718 F. App'x 825, 828 (11th Cir. 2017). Plaintiff has identified no such error. Accordingly, upon review of the Motion, the record, and applicable law, it is ORDERED AND ADJUDGED that Plaintiff's Motion (DE #75 ) is DENIED. This case shall remain CLOSED. Signed by Judge Kathleen M. Williams on 9/16/2025. (ah06)
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| Filing 77 Clerk's Notice of Docket Correction re #76 MOTION for Relief from Final Judgment Pursuant to Rule 60(b) filed by Ramon Ruiz. Wrong Image/Document Attached by the Clerk; Document restricted and docket text modified. Document refiled, see DE #78 . (bb) Modified text on 9/3/2025 (jc). |
| Filing 78 MOTION for Relief from Final Judgment Pursuant to Rule 60(b), for Leave to file Amended Complaint, and Incorporated Memorandum of Law re #74 Order by Ramon Ruiz. (jc) |
| Filing 76 MOTION for Relief from Final Judgment pursuant to Rule 60(b), for Leave to file Amended Complaint, and Incorporated Memorandum of Law re #74 Order. by Ramon Ruiz. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(ebz) Document Restricted Due to Error; Document Refiled, see DE #78 . Modified text on 9/3/2025 (jc). |
| Filing 75 MOTION to Alter or Amend Judgment Pursuant to Rule 59(e), and Incorporated Memorandum of Law by Ramon Ruiz. Responses due by 8/28/2025. (Attachments: #1 Text of Proposed Order)(ebz) |
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Filing 74
ORDER. Judge Elfenbein's Report DE #41 is AFFIRMED AND ADOPTED. Plaintiff's IFP Motion DE #3 is GRANTED. Plaintiff's Amended Complaint DE #8 is DISMISSED WITH PREJUDICE. Plaintiff's Motion to Amend DE #28 is DENIED. Plaintiff's Preliminary Injunction Motion DE #4 is DENIED AS MOOT. All hearings, trial, and deadlines are CANCELED. All remaining pending motions are DENIED AS MOOT. The Clerk of Court is directed to CLOSE THIS CASE. Certificate of Appealability: No Ruling. Signed by Judge Kathleen M. Williams on 8/13/2025. See attached document for full details. (ebz)
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| Filing 73 NOTICE TO THE COURT OF CHANGED CIRCUMSTANCES AND CONTINUING EMERGENCY NEED FOR EVIDENCE PRESERVATION by Ramon Ruiz. (ebz) |
| Filing 72 NOTICE OF INTENT TO SEEK APPELLATE RELIEF FOR UNREASONABLE DELAY IN ADJUDICATING CONSTITUTIONAL CLAIMS by Ramon Ruiz Re #47 Objections to Report and Recommendations, #42 MOTION to Preserve Evidence, #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, #54 MOTION Renewed Motion for Alternative Service Under FRCP 4(f)(3) and Incorporated Memorandum of Law. (ebz) |
| Filing 71 MOTION to Strike or Seal "Exhibit A" and for Leave to File Redacted Replacement by Ramon Ruiz per Local Rule 5.4. Responses due by 8/8/2025. (Attachments: #1 Text of Proposed Order) (kpe) |
| Filing 70 MOTION to Set Aside Voluntary Dismissal by Ramon Ruiz. (Attachments: #1 Text of Proposed Order)(ebz) |
| Filing 69 Notice and Constitutional Declaration by the people regarding the Nullity of Unlawful Acts and the Supremacy of the Constitution by Ramon Ruiz. (ebz) |
| Filing 68 MOTION to Certify Constitutional Question to the Attorney General and to set Deadlines for Intervention by Ramon Ruiz. (ebz) |
| Filing 67 SUPPLEMENTAL NOTICE OF CONSTITUTION CHALLENGE-Pursuant to Fed.R.Civ.P5.1(a)(1)-Identification of Pleading(s) Raising Constitutional Question by Ramon Ruiz. (ebz) |
| Filing 66 NOTICE OF CONSTITUTIONAL CHALLENGE by Ramon Ruiz. (wce) |
| Filing 65 NOTICE of Intent to File Amended Complaint by Ramon Ruiz. (wce) |
| Filing 64 NOTICE of Voluntary Dismissal of Defendants by Ramon Ruiz. (wce) |
| Filing 63 MOTION FOR DECLARATORY AND INJUNCTIVE RELIEF by Ramon Ruiz. (wce) |
| Filing 62 MOTION for Status Clarification and Scheduling Guidance on Pending Constitutional Motions by Ramon Ruiz. (Attachments: #1 Text of Proposed Order)(ebz) |
| Filing 61 Objection to Magistrate Judge's Order Denying Electronic Filing Access re DE 31 Order on Motion for Miscellaneous Relief, by Ramon Ruiz. (Attachments: #1 Text of Proposed Order)(ebz) Modified text on 7/16/2025 (ebz). |
| Filing 60 MOTION for clarification of Emergency Standards for Constitutional Violations and Administrative Order Discrepancies re 18 Order on Motion for Miscellaneous Relief, by Ramon Ruiz. Responses due by 7/30/2025. (Attachments: #1 Text of Proposed Order)(ebz) |
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Filing 59
PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiff's Emergency Motion to Allow Email Filing Due to Indigence and to Preserve Constitutional Objections to Electronic Filing Restrictions and Procedural Strikings (DE #58 ) ("Motion"). In the Motion, Plaintiff seeks leave to file his documents electronically or via email. As with several of Plaintiff's prior motions, this is not a genuine emergency. "Emergencies generally involve risks to the health and safety of individuals, situations where a person is about to be deported, scenarios involving the imminent destruction of property, circumstances under which a business is in real danger of immediate failure or significant financial collapse, or cases where someone is at risk of being denied an essential service." See VMR Prods., LLC v. Elec. Cigarettes Outlet, LLC, No. 12-23092, 2013 WL 5567320, at *1 (S.D. Fla. Oct. 3, 2013). "When a party designates a motion as an emergency, it triggers consequences. Basically, it is akin to sounding an alarm in the chambers of the district court judge and the magistrate judge assigned to the case." Id. Moreover, Magistrate Judge Elfenbein has already denied Plaintiff the same relief in a prior order (DE 31). As Judge Elfenbein correctly explained, pursuant to this District's CM/ECF Administrative Procedures, "Pro se litigants will not be permitted to Register as [CM/ECF] Users at this time and must file their documents in the conventional manner." See CM/ECF Admin. Procs. 2C. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's Motion (DE #58 ) is DENIED. Plaintiff is again cautioned that the continued misuse of the emergency filing designation may result in sanctions, including placing Plaintiff on the Court's restricted filer list. Signed by Judge Kathleen M. Williams on 7/15/2025. (ah06)
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| Filing 58 EMERGENCY MOTION TO ALLOW EMAIL FILING DUE TO INDIGENCE AND TO PRESERVE CONSTITUTIONAL OBJECTIONS TO ELECTRONIC FILING RESTRICTIONS AND PROCEDURAL STRIKINGS by Ramon Ruiz. (wce) |
| Filing 57 PLAINTIFF'S SUPPLEMENT to #47 Objections to Report and Recommendations by Ramon Ruiz. (wce) |
| Filing 56 NOTICE of Errata Regarding Plaintiff's Expedited Motion for Evidence Preservation and Litigation Hold by Ramon Ruiz re #55 MOTION Renewed Motion for Alternative Service Under FRCP 4(f)(3) and Incorporated Memorandum of Law (ebz) |
| Filing 55 Renewed Motion for Alternative Service and Incorporated Memorandum of Law and Proposed Order for Motion for Evidence Preservation and Litigation Hold by Ramon Ruiz. (ebz) |
| Filing 54 Renewed Motion for Alternative Service Under FRCP 4(f)(3) and Incorporated Memorandum of Law and Proposed Order by Ramon Ruiz. (ebz) |
| Filing 53 NOTICE of Errata regarding plaintiff's Notice of Preservation of Rights for Administrative review under 28 U.S.C.351 by Ramon Ruiz. (ebz) |
| Filing 52 NOTICE to preserve the record of procedural irregularities by Ramon Ruiz. (ebz) |
| Filing 51 NOTICE of filing redacted affidavit and assertion of competency and due process rights by Ramon Ruiz. (ebz) |
| Filing 50 NOTICE of Preservation of Rights for Administrative Review Under 28 U.S.C.351 by Ramon Ruiz (ebz) |
| Filing 49 MOTION for Reconsideration Under Rule 60(b) re 46 Order Striking, Terminate Motions, by Ramon Ruiz. (ebz) |
| Filing 48 NOTICE of Clarification, Exception to Court Characterizations of Plaintiff, Reservation of Rights Regarding Plaintiff's Motion for Pro Se Accommodations, and Reservation of Rights by Ramon Ruiz. (ebz) |
| Filing 47 OBJECTIONS to #41 Report and Recommendations by Ramon Ruiz. (ebz) |
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Filing 46
PAPERLESS ORDER. THIS MATTER is before the Court on a series of submissions (DE #42 ; DE #43 ; DE #44 ; DE #45 ) filed by Plaintiff. Because none of these filings constitutes a genuine emergency, it is ORDERED AND ADJUDGED that these filings are STRICKEN. The Court cautions Plaintiff that the continued filing of motions under the emergency or expedited designation will result in the Court placing Plaintiff on the Court's restricted-filer database. Signed by Judge Kathleen M. Williams on 7/8/2025. (ah06)
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| Filing 45 NOTICE OF PENDING MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND REQUEST FOR PROMPT DETERMINATION re DE #28 MOTION for Leave to File Second Amended Complaint by Ramon Ruiz. (Attachments: #1 Text of Proposed Order) (ebz) |
| Filing 44 EMERGENCY MOTION TO STRIKE SUA SPONTE ORDERS, PRESERVE CONSTITUTIONAL ACCESS TO COURTS, AND CORRECT DUE PROCESS VIOLATIONS UNDER RULE 60(b) by Ramon Ruiz. Responses due by 7/21/2025. (Attachments: #1 Text of Proposed Order)(ebz) |
| Filing 43 EMERGENCY MOTION FOR IMMEDIATE RULING ON PENDING CONSTITUTIONAL CLAIMS by Ramon Ruiz. (Attachments: #1 Text of Proposed Order)(ebz) |
| Filing 42 EMERGENCY MOTION FOR IMMEDIATE EVIDENCE PRESERVATION AND LITIGATION HOLD by Ramon Ruiz. (Attachments: #1 Text of Proposed Order)(ebz) Modified text on 7/8/2025 (ebz). |
| Filing 41 REPORT AND RECOMMENDATION Recommending IFP Motion, ECF No. #3 be GRANTED; that the Amended Complaint, ECF No. #8 , be DISMISSED WITHOUT PREJUDICE pursuant 1915(e)(2)(B)(ii); the Motion to Amend, ECF No. #28 , be DENIED, and the Motion for Preliminary Injunction, ECF No. #4 , be DENIED as moot. Objections to R&R due by 7/21/2025 Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/7/2025. See attached document for full details. (MFE) |
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Filing 40
PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiff's Emergency Motion to Recuse/Disqualify Judge Elfenbein (DE #36 ) ("Motion"). In the Motion, Plaintiff seeks to disqualify Magistrate Judge Elfenbein on the basis that she "previously served as an assistant state attorney in the Miami-Dade County State Attorney's Office during the exact period of Plaintiff's criminal prosecution[.]" That assertion is incorrect. Magistrate Judge Elfenbein has never served as a state prosecutor with the Miami-Dade State Attorney's Office. Her prior public service was as a federal prosecutor with the United States Attorney's Office. Nevertheless, because Plaintiff provides no factual or legal basis to support recusal under 28 U.S.C. 455, or suggests the existence of any such facts, it is ORDERED AND ADJUDGED that Plaintiff's Motion (DE #36 ) is DENIED. This is now among several meritless motions Plaintiff has filed, including repeated misuse of the emergency motion designation. The Court cautions Plaintiff that the continued filing of such confounded motions will not be countenanced. The Court has wide discretion to manage its docket for conduct violating the rules of Civil Procedure, the Local Rules, and the rules of this Court, and may impose sanctions, including placing Plaintiff on the Court's restricted-filer database. Signed by Judge Kathleen M. Williams on 7/7/2025. (ah06)
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Filing 39
PAPERLESS ORDER. THIS MATTER is before the Court on a series of motions (DE #27 ; DE #29 ; DE #35 ) filed by Plaintiff. 1. Plaintiff objects to the Court's standard referral of certain matters to Magistrate Judge Elfenbein, and requests that the Court vacate its referral order (DE #27 ). Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, a district judge may refer dispositive matters, including motions for injunctive relief, to a magistrate judge for a report and recommendation. Plaintiff will have an opportunity to file objections to any such report, which the Court will review de novo. Presently, there is no pending report and recommendation. 2. Plaintiff requests that the Court "confirm" its procedures regarding referrals between non-dispositive and dispositive motions "to create a clear record" and "ensure consistent application of proper referral procedures throughout this litigation." (DE 29.) The Court declines to restate its own practices and procedures, which are binding on all parties, and publicly available on the docket. (DE #25 .) 3. Plaintiff seeks to alter Magistrate Judge Elfenbein's discovery procedures by requesting remote hearing accommodations and advance permission to file written discovery motions. The Court will not direct Judge Elfenbein as to how to manage her discovery docket. Additionally, this request is premature as no hearing is currently scheduled. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's Motions (DE #27 ; DE #29 ; DE #35 ) are DENIED. The Court reminds Plaintiff that all litigants, including those proceeding pro se, must comply with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, the Court's Practices and Procedures, and all Court Orders. The Court will summarily deny any future motions that seek to challenge or alter standard Court procedures, or that are premature or frivolous in light of the procedural posture of the case. Signed by Judge Kathleen M. Williams on 7/7/2025. (ah06)
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Filing 38
PAPERLESS ORDER STRIKING MOTION. THIS MATTER is before the Court sua sponte. On July 2, 2025, Plaintiff filed a Motion for Alternative Service (DE #34 .) The instant motion is not supported by a memorandum of law. With limited exceptions, a request for relief must be supported by legal authority. See S.D. Fla. L.R. 7.1(a)(1); see also Flanigan's Enters., Inc. of Ga. v. Fulton Cnty., Ga., 242 F.3d 976, 987 (11th Cir. 2001) (holding that a party waives an argument if the party "fail[s] to elaborate or provide any citation of authority in support" of the argument). Plaintiff is reminded that pro se litigants must abide by "the relevant law and rules of court, including the Federal Rules of Civil Procedure." Moon v. Newsome , 863 F.2d 835, 837 (11th Cir. 1989). Signed by Judge Kathleen M. Williams on 7/3/2025. (ah06)
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Filing 37
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. The Court advises Plaintiff to discontinue the practice of filing motions as "emergencies" when they are not, in fact, genuine emergencies. As of the date of this Order, Plaintiff has filed five motions labeled as "emergency" with the Court. Plaintiff is not entitled to label a filing as an "emergency" simply to garner this Court's attention and gain expedited review. Plaintiff is forewarned that if he chooses to continue filing non-emergency motions under an "emergency" heading, this Court may impose sanctions. Signed by Judge Kathleen M. Williams on 7/3/2025. (ah06)
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| Filing 36 PLAINTIFF'S EMERGENCY MOTION TO RECUSE/DISQUALIFY MAGISTRATE JUDGE ELFENBEIN, FOR PRESERVATION OF EVIDENCE AND FOR RELIEF ON PENDING EMERGENCY MOTIONS by Ramon Ruiz. (ebz) |
| Filing 35 MOTION FOR REASONABLE PRO SE ACCOMMODATIONS UNDER THE COURT'S INHERENT AUTHORITY AND CONSTITUTIONAL MANDATE by Ramon Ruiz. (ebz) |
| Filing 34 STRICKEN. MOTION FOR ALTERNATIVE SERVICE UNDER FR CP 4(f)(3) by Ramon Ruiz. (ebz) Modified per DE 38 Order on 7/7/2025 (ebz). |
| Filing 33 NOTICE of Compliance re 32 Order on Motion to Seal. (DE 12 Sealed) (amb) |
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Filing 32
PAPERLESS ORDER granting Plaintiff's Motion to Seal/Redact Personal Identifying Information (the "Motion"), ECF No, #22 . In the Motion, Plaintiff states that he inadvertently included his complete date of birth in his affidavit, see ECF No. 12 at 4, and asks the Court to either seal the document or order the Clerk of Court to redact his date of birth. The Motion, ECF No. #22 , is GRANTED in part and DENIED in part. The Clerk of Court is DIRECTED to restrict, ECF No. 12 , from public view and seal this docket entry. Plaintiff shall file an appropriately redacted version of ECF No. 12 , no later than July 9, 2025. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/2/2025. (MFE)
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Filing 31
PAPERLESS ORDER. THIS CAUSE is before the Court on Plaintiff's Motion for Leave to File Electronically and For Electronic Filing Access (the "Motion"), ECF No. #10 . In the Motion, Plaintiff, proceeding pro se, asks the Court to grant him "leave to file documents electronically through the Court's CM/ECF system, or in the alternative, for accommodation allowing electronic submission of filings." ECF No. #10 at 1. According to this District's CM/ECF Administrative Procedures, however, the Court's electronic filing system is available only to "attorneys admitted to practice in the Southern District of Florida." See CM/ECF Admin. Procs. 2A, 2B, 3A, 3B. "Pro se litigants will not be permitted to register as Users at this time and must file their documents in the conventional manner." See CM/ECF Admin. Procs. 2C. As a result, the Motion, ECF No. #10 , is DENIED. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/2/2025. (MFE)
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Filing 30
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/1/2025. See attached document for full details. (ebz)
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| Filing 29 Notice of Non-Consent to Magistrate Jurisdiction and Request for Confirmation of Referral Procedures by Ramon Ruiz. (ebz) |
| Filing 28 MOTION for Leave to File Second Amended Complaint by Ramon Ruiz. (ebz) |
| Filing 27 Objection to Referral of Emergency Constitutional Matters and Request for Direct District Court Consideration re 23 Order Referring Motion, 24 Order Referring Motion, #25 Order Referring Case to Magistrate Judge, by Ramon Ruiz. (ebz) |
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Filing 26
ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Kathleen M. Williams on 6/30/2025. See attached document for full details. (ebz)
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Filing 25
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES. Magistrate Judge Marty Fulgueira Elfenbein for all discovery disputes and non-dispositive pretrial motions. Signed by Judge Kathleen M. Williams on 7/30/2025. See attached document for full details. (ebz)
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Filing 24
PAPERLESS ORDER REFERRING MOTIONS. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Plaintiff's Emergency Motion to Proceed in Forma Pauperis (DE #3 ), Motion for Leave to File Electronically and for Electronic Filing Access (DE #10 ), and Motion to Seal/Redact Personal Identifying Information (DE #22 ) are REFERRED to United States Magistrate Judge Marty Fulgueira Elfenbein for any appropriate action authorized by law. Signed by Judge Kathleen M. Williams on 6/30/2025. (ah06)
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Filing 23
PAPERLESS ORDER REFERRING MOTION. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Plaintiff's Emergency Ex Parte Motion for Preliminary Injunction (DE #4 ) is REFERRED to United States Magistrate Judge Marty Fulgueira Elfenbein for a report and recommendation. Signed by Judge Kathleen M. Williams on 6/30/2025. (ah06)
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| Filing 22 MOTION to Seal/Redact Personal Identifying Information by Ramon Ruiz. Responses due by 7/11/2025. (Attachments: #1 Text of Proposed Order) (kpe) |
| Filing 21 CLERK'S NOTICE OF REASSIGNMENT OF CASE. Case reassigned to Judge Kathleen M. Williams and Magistrate Judge Marty Fulgueira Elfenbein for all further proceedings. Magistrate Judge Marty Fulgueira Elfenbein no longer assigned to case as presider. 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. (kpe) |
| Filing 20 NOTICE of the Court Regarding Non-Attorney Status by Ramon Ruiz. (kpe) |
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Filing 19
PAPERLESS ORDER denying Motion for Case Reassignment, ECF No. #17 , as moot. The Court has already granted the request for case reassignment and directed the Clerk of Court to reassign the case to a District Judge. See ECF No. 18 . Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/27/2025. (MFE)
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Filing 18
PAPERLESS ORDER on Plaintiff's Emergency Motion to District Court for Immediate Consideration of Pending Emergency Motions and Objection to Magistrate Judge's Ultra Vires Order Entered Without Report and Recommendation, (the "Motion"), ECF No. #9 . In his Motion, Plaintiff argues that "the Magistrate Judge lacked authority to issue such a ruling directly, and Plaintiffs motions remain pending before the District Judge for de novo review and urgent resolution." See ECF No. #9 at 2. Pursuant to Administrative Order 2025-11 ("Administrative Order"), because this case includes as a party "a non-prisoner pro se" litigant, the undersigned United States Magistrate Judge had been assigned as the presiding judge for all purposes, including entering dispositive orders, presiding over any trial, and entering a final judgment. The Administrative Order, however, permits any party to opt out of Magistrate Judge jurisdiction "by filing a motion for case reassignment within the deadline given to the parties by the assigned Magistrate Judge." The Court construes Plaintiffs' Motion as a request for case reassignment. Pursuant to Administrative Order 2024-10, the Motion, to the extent it seeks case reassignment to a District Judge, ECF No. #9 , is GRANTED. The Clerk will randomly reassign the case to a District Judge following the Court's standard civil case assignment procedures, keeping the original Magistrate Judge assigned to the case. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/27/2025. (MFE)
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| Filing 17 MOTION for Case Reassignment by Ramon Ruiz. (kpe) |
| Filing 16 NOTICE To The Court Regarding Original Documents by Ramon Ruiz. (kpe) |
| Filing 15 AMENDED NOTICE OF ERRATA by Ramon Ruiz. (ebz) |
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Filing 14
ORDER EXPLAINING MAGISTRATE JUDGE JURISDICTION AND PROVIDING INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/26/2025. See attached document for full details. (ebz)
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| SYSTEM ENTRY - Docket Entry 12 [notice] restricted/sealed until further notice. (amb) |
| Filing 13 Notice to the Court regarding Clerk's Office conduct by Ramon Ruiz. (ebz) |
| Filing 11 NOTICE REGARDING REMOVAL OF DEFENDANT by Ramon Ruiz. (ebz) |
| Filing 10 Motion for Leave to File Electronically and for Electronic Filing Access by Ramon Ruiz. (ebz) |
| Filing 9 Emergency Motion to District Court for Immediate Consideration of Pending Emergency Motions; and Objections to Magistrate Judge's Ultra Vires Order Entered Without Report and Recommendation Under 28 U.S.C. 636(b)(1)(B) re 7 Order, by Ramon Ruiz. (Attachments: #1 Text of Proposed Order)(ebz) |
| Filing 8 Complaint For Violations of Civil Rights 42 USC 1983 against Officer B. Beltran, Officer F. Bolanos, City of Miami Beach, Judge Robin Wilson Faber, Juan Alfonso Fernandez-Barquin, JOHN DOES 1-10, Samantha Johnson, Miami-Dade County, Miami-Dade Sheriff Officers 1-8, Judge Julie Harris Nelson, Sabrina Maria Richardson, Chief Judge Nushin G. Sayfie, TGK OFFICIALS 1-5, Officer B. Vicens, filed by Ramon Ruiz.(ebz) |
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Filing 7
PAPERLESS ORDER on Plaintiff's Emergency Motion for Leave to Proceed In Forma Pauperis, ECF No. #3 , and Plaintiff's Emergency Ex Parte Emergency Motion for Preliminary Injunction and Motion for Temporary Restraining Order, ECF No. #4 , (collectively, the "Motions"). In the Motions, Plaintiff requests emergency relief in the form of a restraining order relating to a bench warrant issued by a Florida state court for Plaintiff's arrest that "has remained active for over fourteen months" since April 10, 2024. See ECF No. #1 at 54, 61; ECF No. #3 at 2; ECF No. #4 at 2.As a threshold matter, the Court finds that Plaintiff's Motions do not present a bona fide emergency. Plaintiff has known of the relevant facts giving rise to this request for over a year. See ECF No. #1 at 54, 61. Under these circumstances, the urgency claimed is of Plaintiff's own making.This case bears strong resemblance to Spimerica Access Sols., LLC v. Palazzani Industrie, S.P.A., No. 23-23222-CIV, 2023 WL 5748160 (S.D. Fla. Sept. 6, 2023), in which the Court denied emergency relief in part because the record indicated that the plaintiff had known about the alleged emergency for at least one month and delayed in seeking judicial intervention. Id. at *1-2. Further, the Court outlined the types of circumstances that may constitute bona fide emergencies as follows:Bona fide emergencies involve the health and safety of individuals, the impending departure of a witness with no plans to return to the jurisdiction, the imminent destruction of a building or other property, the imminent deportation of an individual to another country, the need to give critical medical treatment to a patient in a hospital, the threatened loss of civil rights, the immediate, threatened loss of an entire business, or when someone is at risk of being denied an essential service.Id. (quoting Companhia Energetica Potiguar v. Caterpillar Inc., 2016 WL 7469993, at *3 (S.D. Fla. Apr. 13, 2016)).The circumstances here do not rise to the level of an emergency under this District's standards. Nothing in the record suggests that immediate, irreparable harm is imminent in a legally cognizable way, or that any harm alleged could not have been addressed through more diligent action earlier in time. Accordingly, Plaintiff's request for consideration of the Motions on an emergency basis is DENIED. The Court will take up the Motions in due course as a non-emergency matter. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/24/2025. (ogn1)
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| Filing 6 NOTICE of Emergency Filing - Immediate Judicial Consideration Requested by Ramon Ruiz (amb) |
| Filing 5 Consent by Pro Se Litigant (Non-Prisoner) Ramon Ruiz to receive Notices of Electronic Filing at email address: [email protected] (amb) |
| Filing 4 EMERGENCY EX PARTE MOTION FOR PRELIMINARY INJUNCTION AND MOTION for Temporary Restraining Order ( Responses due by 7/7/2025.) by Ramon Ruiz. (Attachments: #1 Proposed Order)(amb) (Main Document 4 replaced on 6/26/2025) (ebz). |
| Filing 3 EMERGENCY MOTION for Leave to Proceed in forma pauperis by Ramon Ruiz. (Attachments: #1 Proposed Order)(amb) Text Modified on 6/23/2025 (amb). |
| Filing 2 Judge Assignment to Magistrate Judge Marty Fulgueira Elfenbein (amb) |
| Filing 1 COMPLAINT against Officer B. Beltran, Officer F. Bolanos, City of Miami Beach, Judge Robin Wilson Faber, Juan Alfonso Fernandez-Barquin, JOHN DOES 1-10, Samantha Johnson, Miami-Dade County, Miami-Dade Police Department, Miami-Dade Sheriff Officers 1-8, Judge Julie Harris Nelson, Sabrina Maria Richardson, Chief Judge Nushin G. Sayfie, TGK OFFICIALS 1-5, Officer B. Vicens. Filing fees $ 405.00. IFP Filed, filed by Ramon Ruiz. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(amb) |
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