Arroyo v. U.S. Citizenship and Immigration Services et al
| Isaac Arroyo |
| U.S. Citizenship and Immigration Services, Elizabeth Miller, Timothy Houghton, Lori Pietropaoli, Cora Mantell, Douglas Levy, Brent Rinehart, Eileen Lopez-Tome, Sherri Merlano, Michael Henderson, Denise Prado, Mariel Canela Rodriguez, Ana Canela and American Federation of Government Employees |
| 1:2025cv23549 |
| August 7, 2025 |
| U.S. District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Edwin G Torres |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
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Filing 50
ORDER of DISMISSAL from USCA. On its own motion, the Court dismisses case no. 25-13838 as duplicative of the appeal pending in case no. 25-13837. Case no. 25-13838 is DISMISSED. Case no. 25-13837 remains pending re #44 Notice of Appeal, filed by Isaac Arroyo. USCA 25-13838 (jgo) Modified text on 1/14/2026 (jgo).
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| Filing 49 TRANSCRIPT ORDER FORM filed by Isaac Arroyo re #44 Notice of Appeal, filed by Isaac Arroyo. No Transcript Requested. (jgo) |
| Filing 48 Acknowledgment of Receipt of NOA from USCA re #44 Notice of Appeal, filed by Isaac Arroyo. Date received by USCA: 10/31/2025. USCA Case Number: 25-13838-D. (apz) |
| Filing 47 Acknowledgment of Receipt of NOA from USCA re #41 Notice of Appeal, filed by Isaac Arroyo. Date received by USCA: 10/31/2025. USCA Case Number: 25-13837-D. (apz) |
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Filing 46
ORDER denying #42 Motion for Leave to Appeal in forma pauperis. Signed by Chief Judge Cecilia M. Altonaga on 11/3/2025. See attached document for full details. (ps1)
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| Filing 45 CLERK'S NOTICE of Mailing Pro Se Instructions to Isaac Arroyo re #44 Notice of Appeal. (jgo) |
| Filing 43 CLERK'S NOTICE of Mailing Pro Se Instructions to Isaac Arroyo re #41 Notice of Appeal. (jgo) |
| Transmission of Notice of Appeal, Orders under appeal, and Docket Sheet to US Court of Appeals re #44 Notice of Appeal. Notice has been electronically mailed. (jgo) |
| Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #41 Notice of Appeal. Notice has been electronically mailed. (jgo) |
| Filing 44 Notice of Appeal re #29 Administrative Order, #27 Order, #37 Order Dismissing/Closing Case, Terminate Motions, Terminate Deadlines, by Isaac Arroyo. 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. (jgo) |
| Filing 42 MOTION for Leave to Appeal in forma pauperis by Isaac Arroyo. (jgo) |
| Filing 41 Notice of Appeal re #37 Order Dismissing/Closing Case, Terminate Motions,, Terminate Deadlines, by Isaac Arroyo.. 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) |
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Filing 40
ORDER denying #38 Motion to Alter Judgment and to Stay Judgment; denying #39 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge Cecilia M. Altonaga on 10/30/2025. See attached document for full details. (ps1)
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| Filing 39 MOTION for Leave to Proceed in forma pauperis by Isaac Arroyo. (ls) |
| Filing 38 Emergency MOTION to Alter or Amend Judgment pursuant to Federal Rule of Civil Procedure 59(e), or Alternatively, MOTION for Stay Pending Appeal by Isaac Arroyo. Responses due by 11/13/2025. (ls) |
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Filing 37
ORDER Dismissing Case (Without Prejudice). Denying #36 Financial Affidavit construed as a MOTION for Leave to Proceed in forma pauperis filed by Isaac Arroyo. Signed by Chief Judge Cecilia M. Altonaga on 10/27/2025. See attached document for full details. (ps1)
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| Filing 36 MOTION/Affidavit for Leave to Proceed in forma pauperis by Isaac Arroyo. (ksr) |
| Filing 35 NOTICE of Filing Civil Cover Sheet by Isaac Arroyo (ksr) |
| Filing 34 NOTICE of Filing Documents from Isaac Arroyo to USCA for the 11th Circuit. (The court of appeals forwarded the documents to our court.) by Isaac Arroyo (jgo) |
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Filing 33
ORDER granting #32 Motion for Referral to Volunteer Attorney Program. Signed by Chief Judge Cecilia M. Altonaga on 9/25/2025. See attached document for full details. (ps1)
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| Filing 32 MOTION for Referral to Volunteer Attorney Program by Isaac Arroyo. (ksr) |
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Filing 31
PAPERLESS ORDER granting #30 Motion for Clarification. The case is administratively closed because Plaintiff has not paid the filing fee or been permitted to proceed in forma pauperis. The Clerk of Court accepts filings, such as the required amended complaint, even if a case is administratively closed. There is no impossibility or contradiction created by the Court's Order of September 22, 2025. Signed by Chief Judge Cecilia M. Altonaga (CMA)
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| Filing 30 Emergency MOTION for Clarification of Contradictory Orders by Isaac Arroyo. Responses due by 10/7/2025. (ls) |
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Filing 29
Order granting in part #28 MOTION for Extension of Time to File Amended Complaint filed by Isaac Arroyo. Plaintiff has until October 30, 2025 to file an amended complaint, and either pay the filing fee or submit a sufficient motion to proceed in forma pauperis. Administrative Order Closing Case. Signed by Chief Judge Cecilia M. Altonaga on 9/22/2025. See attached document for full details. (ps1)
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| Filing 28 MOTION for Extension of Time to File Amended Complaint by Isaac Arroyo. Responses due by 10/6/2025. (ls) |
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Filing 27
ORDER SETTING ASIDE #5 Order on Motion for Leave to Proceed in forma pauperis; denying #3 MOTION for Leave to Proceed in forma pauperis filed by Isaac Arroyo. The #14 Amended Complaint filed by Isaac Arroyo is DISMISSED. If Plaintiff wishes to proceed, he must file a sufficient application and a complaint that cures the deficiencies described in this Order by September 24, 2025. Alternatively, Plaintiff shall pay the filing fee along with an amended complaint that cures the described deficiencies by September 24, 2025. Signed by Chief Judge Cecilia M. Altonaga on 9/17/2025. See attached document for full details. (ps1)
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| Filing 26 Judge Assignment to Chief Judge Cecilia M. Altonaga and Magistrate Judge Edwin G. Torres Per DE 23 . (cqs) |
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Filing 25
PAPERLESS ORDER denying #4 Motion for Preliminary Injunction without prejudice. The motion is procedurally defective. First, no showing was made on the face of the motion why it was not served on the Defendants in the case, nor why any ex parte remedies were warranted. Now that an amended complaint has been granted and filed, Plaintiff shall cause any re-filed motion to be served on the named Defendants in order to for proper briefing to be made on such a motion. Second, the motion does not on its face set forth good cause why the motion for injunctive relief is not untimely. It is well established that a showing of irreparable harm is not possible if undue delay has taken place between the alleged injury and the filing of an action. On the face of this motion, Plaintiff claims that he was wrongly terminated as Defendants' employee in 2023, but this action was not filed until 2025. Thus, without a showing of good cause that is not present in this motion, the Court cannot grant any relief it appears that the motion is per se untimely. See, e.g., Pals Grp., Inc. v. Quiskeya Trading Corp., No. 16-23905-CIV, 2017 WL 532299, at *6 (S.D. Fla. Feb. 9, 2017) (denying preliminary injunction where one-year delay in filing action undermined showing of irreparable harm in trade secret and unfair competition action) ("Other courts (both in and outside the Eleventh Circuit) have held that unexplained delays of a few months negate any claim of irreparable harm on a preliminary injunction motion.").The motion is thus Denied as procedurally defective but without prejudice to Plaintiff curing the defects identified in this Order and refiling the motion (and serving the motion on Defendants). Signed by Magistrate Judge Edwin G. Torres on 9/15/2025. (EGT)
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Filing 24
PAPERLESS ORDER denying #8 Motion for Protective Order. The motion is Denied without prejudice. Plaintiff alleges that Defendants or their agents have been tampering with Plaintiff's case, the docket, and seeking to intimidate him. The motion and supporting record, however, do not allow for adjudication of any such claims at this time. Without engaging in discovery in the case, in the event that the case proceeds and Plaintiff complies with the Court's in forma pauperis Order, no record supports Plaintiff's claims at this time. The motion may be renewed, however, once Plaintiff obtains any supporting information through discovery in the action. Moreover, in doing so Plaintiff must comply with the Court's Local Rules, in particular Rule 7.1 that requires pre-filing conferral with all interested parties. No such conferral was undertaken here based on the face of the motion. The motion is thus Denied without prejudice. Signed by Magistrate Judge Edwin G. Torres on 9/15/2025. (EGT)
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Filing 23
PAPERLESS ORDER granting #22 Motion to Reassign Case. Upon the filing of Plaintiff's request for reassignment, and pursuant to Admin. Order 2025-11, the Clerk is DIRECTED to reassign the Presiding Judge in the action to a randomly selected District Judge. The Clerk shall re-designate the undersigned Judge as Referral Judge for all Pretrial matters. Signed by Magistrate Judge Edwin G. Torres on 9/15/2025. (EGT)
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| Filing 22 Emergency MOTION to Change Magistrate Judge by Isaac Arroyo. (ksr) |
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Filing 21
ORDER OF INSTRUCTIONS TO PRO SE LITIGANT and ORDER ON CONSENT JURISDICTION. Signed by Magistrate Judge Edwin G. Torres on 9/2/2025. See attached document for full details. (EGT)
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Filing 20
PAPERLESS ORDER denying as moot #11 Emergency Motion for Immediate Issuance of Summons, in light of Order denying [D.E. 9], which sought the same relief. See [D.E. 18]. Signed by Magistrate Judge Edwin G. Torres on 9/2/2025. (kgb)
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Filing 19
PAPERLESS ORDER denying as moot #10 Emergency Motion for Immediate Issuance of Summons, in light of Order denying [D.E. 9], which sought the same relief. See [D.E. 18]. Signed by Magistrate Judge Edwin G. Torres on 9/2/2025. (kgb)
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Filing 18
PAPERLESS ORDER denying #9 Emergency Order for Immediate Issuance of Summons. On August 14, 2025, the Court granted Plaintiff's motion for leave to proceed in forma pauperis. [D.E. 5]. We Ordered therein that Plaintiff file the appropriate Summonses on the docket so that the U.S. Marshal could then serve the named Defendants. Id. at 1. Plaintiff has yet to do so. Thus, there is no basis for the relief Plaintiff seeks. Signed by Magistrate Judge Edwin G. Torres on 9/2/2025. (kgb)
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Filing 17
PAPERLESS ORDER denying #15 Motion for Attorney Fees. Plaintiff's motion is premature. No decision on the merits has been issued in this case, nor any relief for which Plaintiff would merit attorneys' fees. Signed by Magistrate Judge Edwin G. Torres on 9/2/2025. (kgb)
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Filing 16
PAPERLESS ORDER denying #7 Emergency Motion to Restore Original Damages Claim. There is no legal basis for the relief Plaintiff requests as to "restor[ing]" his allegedly missing damages claim or "investigat[ing] tampering with court records." [D.E. 7 at 1]. And, in any event, Plaintiff's damages claim is quite clearly in the as-filed Complaint. See [D.E. 1 at 15]. Further, an emergency is defined as, "an unexpected and dangerous situation that calls for immediate action." Emergency, Merriam-Webster Dictionary. This motion is not an emergency. Plaintiff has repeatedly filed "emergency" motions on this Court's docket. We caution Plaintiff that continuing to seek emergency relief for faux emergencies is a sanctionable offense. Signed by Magistrate Judge Edwin G. Torres on 9/2/2025. (kgb)
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| Filing 15 MOTION for Attorney Fees Under 42 U.S.C. 1988 by Isaac Arroyo. Responses due by 9/16/2025. (pcs) |
| Filing 14 FIRST AMENDED COMPLAINT against U.S. Citizenship and Immigration Services, American Federation of Government Employees filed in response to Order Granting Motion for Leave, filed by Isaac Arroyo.(pcs) |
| Filing 13 NOTICE of Change of Address/Contact Information by Isaac Arroyo (Address Updated). (pcs) |
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Filing 12
ORDER granting #6 Motion For Leave to Amend Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Magistrate Judge Edwin G. Torres on 8/27/2025. See attached document for full details. (kgb)
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| Filing 11 EMERGENCY MOTION FOR IMMEDIATE ISSUANCE OF SUMMONS, CLARIFICATION OF SERVICE REQUIREMENTS, AND CORRECTION OF PREMATURE RESPONSE DEADLINES by Isaac Arroyo. Responses due by 9/8/2025. (ksr) |
| Filing 10 EMERGENCY MOTION FOR IMMEDIATE ISSUANCE OF SUMMONS, CLARIFICATION OF SERVICE REQUIREMENTS, AND CORRECTION OF PREMATURE RESPONSE DEADLINES by Isaac Arroyo. Responses due by 9/8/2025. (ksr) |
| Filing 9 EMERGENCY MOTION FOR IMMEDIATE ISSUANCE OF SUMMONS, CLARIFICATION OFSERVICE REQUIREMENTS, AND CORRECTION OF PREMATURE RESPONSE DEADLINES by Isaac Arroyo. Responses due by 9/4/2025. (ksr) |
| Filing 8 EMERGENCY MOTION for Protective Order and Investigation by Isaac Arroyo. (cqs) |
| Filing 7 EMERGENCY MOTION to Restore Original Damages Claim by Isaac Arroyo. (cqs) |
| Filing 6 MOTION to Amend Complaint to Add Defendant American Federation of Government Employees by Isaac Arroyo. Responses due by 9/2/2025. (ksr) |
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Filing 5
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. USM Service Ordered and Summonses not yet provided for USM Service. Signed by Magistrate Judge Edwin G. Torres on 8/14/2025. See attached document for full details. (kgb)
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| Filing 4 Emergency MOTION for Preliminary Injunction- Reinstatement to Paid Administrative Leave by Isaac Arroyo. (ksr) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Isaac Arroyo. (cwc) |
| Filing 2 Judge Assignment to Ch. Magistrate Judge Edwin G. Torres. (cwc) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Ana Canela, Michael Henderson, Timothy Houghton, Douglas Levy, Eileen Lopez-Tome, Cora Mantell, Sherri Merlano, Elizabeth Miller, Lori Pietropaoli, Denise Prado, Brent Rinehart, Mariel Canela Rodriguez, U.S. Citizenship and lmmigration Services. Filing fee $ 405.00. IFP Filed, filed by Isaac Arroyo. (Attachments: #1 Civil Cover Sheet)(cwc) |
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