Wimbish v. Federal Bureau of Prisons et al
| Nicholas Alexander Wimbish |
| Federal Bureau of Prisons, William K. Marshall, Warden, Clinical Director MD, FCI Miami and Health Services Administrator |
| 1:2026cv20002 |
| January 1, 2026 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Habeas Corpus (Prison Condition) |
| 28 U.S.C. § 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on January 15, 2026. A more recent docket listing may be available from PACER.
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Dismiss as Moot (the "Motion"). #16 . Therein, Plaintiff moves to dismiss this action as moot because "the specific controversy that gave rise to the request for emergency injunctive relief has been resolved." Id. at 2. Namely, "Plaintiff has been transported to an outside hospital, has received the emergency medical evaluation and treatment at issue in the Emergency Motion, and has now been returned to the institution." Id. at 3. "Article III of the Constitution limits the jurisdiction of federal courts to 'cases' and 'controversies,' and the justiciability doctrine's main components include mootness." Djadju v. Vega, 32 F.4th 1102, 1106 (11th Cir. 2022) (cleaned up and citation omitted). "The doctrine of mootness derives directly from the case or controversy limitation because 'an action that is moot cannot be characterized as an active case or controversy.'" Soliman v. United States ex rel. INS, 296 F.3d 1237, 1242 (11th Cir. 2002) (citation omitted). A case is moot "when it no longer presents a live controversy with respect to which the court can give meaningful relief." Id. (citation omitted). "If events that occur subsequent to the filing of a lawsuit or an appeal deprive the court of the ability to give the plaintiff or appellant meaningful relief, then the case is moot and must be dismissed." Al Najjar v. Ashcroft, 273 F.3d 1330, 1336 (11th Cir. 2001). Here, "Plaintiff sought narrow, prospective injunctive relief aimed at securing immediate off-site evaluation and treatment for an acute gastrointestinal emergency that existed at the time of filing." Motion at 2. As Plaintiff subsequently received his requested relief, the Court no longer has jurisdiction over this case because it no longer presents a live controversy. Further, the Court agrees that dismissal should be without prejudice here "if separate, ongoing, or new constitutional violations occur, or if systemic deficiencies in medical care give rise to a distinct, justiciable controversy at a later time." Id. at 3. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion to Dismiss as Moot #16 is GRANTED. This case is hereby DISMISSED WITHOUT PREJUDICE. The Clerk of Court is INSTRUCTED to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 1/15/2026. (ss02)
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| Filing 16 MOTION to Dismiss #1 Complaint, PLAINTIFFS MOTION TO DISMISS AS MOOT by Nicholas Alexander Wimbish. Responses due by 1/28/2026. (Seltzer, David) |
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Filing 15
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 1/8/2026. See attached document for full details. (ebz)
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Filing 14
PAPERLESS ORDER DISCHARGING 11 ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon this Court's Order to Show Cause. (ECF No. 11). On January 6, 2026, this Court ordered Plaintiff to show cause on or before January 8, 2026, "as to whether he has served Defendants and/or whether this Court should construe the Motion as requesting emergency ex parte relief and explain the reasons for such treatment." Id. On December 7, 2026, Plaintiff filed a Response to Order to Show Cause, in which he reports that "formal service under Rule 4 is in progress but has not yet been completed on all Defendants" and "counsel is not requesting ex parte emergency treatment at this juncture." (ECF No. 13) at 1-2. Accordingly, UPON CONSIDERATION of the Order to Show Cause, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Court's Order to Show Cause (ECF No. 11) is DISCHARGED. Signed by Judge K. Michael Moore on 1/8/2026. (ss02)
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| Filing 13 RESPONSE to 11 Order to Show Cause,,,,,, , RESPONSE TO ORDER TO SHOW CAUSE by Nicholas Alexander Wimbish. (Seltzer, David) |
| SYSTEM ENTRY - Docket Entry 12 [order] restricted/sealed until further notice. (kpe) |
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Emergency Motion/Request for Temporary Restraining Order and/or Preliminary Injunction for Medical Care. #1 . In the Motion, Plaintiff requests this Court issue a Temporary Restraining Order and/or Preliminary Injunction on an emergency basis, requiring "Defendants to immediately provide constitutionally adequate medical care for an acute and potentially emergent gastrointestinal condition and related pain-management needs." Id. at 1. Plaintiff initiated this Action against five Defendants, all of whom have not yet appeared, and there is no indication that Defendants have been served with process. Further, Plaintiff states in the Motion that there have been no successful conferral efforts such that it is not evident to the Court that Defendants are on notice of this Action. Id. at 20-21. Finally, while the Motion was filed as an "Emergency Motion," it lacks an emergency certification pursuant to Local Rule 7.1(d)(1). Accordingly, UPON CONSIDERATION of Plaintiff's Emergency Motion/Request for Temporary Restraining Order and/or Preliminary Injunction for Medical Care #1 , the pertinent portions of the record, and being otherwise fully advised in the premises, Plaintiff is hereby ORDERED TO SHOW CAUSE on or before January 8, 2026, as to whether he has served Defendants and/or whether this Court should construe the Motion as requesting emergency ex parte relief and explain the reasons for such treatment. Signed by Judge K. Michael Moore on 1/6/2026. (ss02)
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Elizabeth Franklin-Best. #4 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #4 is GRANTED. Elizabeth Franklin-Best may appear pro hac vice in this matter on behalf of Plaintiff Nicholas Alexander Wimbish. The Clerk of Court shall provide electronic notification of all electronic filings to [email protected]. Signed by Judge K. Michael Moore on 1/6/2026. (ss02)
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Filing 9
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 1/6/2026. (ss02)
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Filing 8
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 1/6/2026. (ss02)
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| SYSTEM ENTRY - Docket Entry 6 [motion] restricted/sealed until further notice. (kpe) |
| Filing 7 Clerk's Notice to Filer re 6 Motion to Seal (Attorney). Filer Selected the Wrong Motion Relief ; ERROR - The Filer selected the wrong motion relief when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (scn) |
| Filing 5 NOTICE of Exhibits to Complaint by Nicholas Alexander Wimbish re #1 Complaint, (Attachments: #1 Exhibit Ex A Affidavit Dr. Noonan, #2 Exhibit Ex B Affidavit Gary Wimbish, #3 Exhibit Ex C Medical Records, #4 Exhibit Ex D Medical Records, #5 Exhibit Ex E Medical Records) (Seltzer, David) |
| Filing 4 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Elizabeth Franklin-Best. Filing Fee $ 250.00 Receipt # AFLSDC-19087097 by Nicholas Alexander Wimbish. Responses due by 1/20/2026. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Certification Certification)(Seltzer, David) |
| Filing 3 Summons Issued as to Clinical Director MD, FCI Miami, Federal Bureau of Prisons, Health Services Administrator, William K. Marshall, Warden. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 Summon(s))(ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. (ebz) |
| Filing 1 COMPLAINT FOR EMERGENCY MOTION/REQUEST FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION FOR MEDICAL CARE against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-19084185, filed by Nicholas Alexander Wimbish. (Attachments: #1 Summon(s) Clinical Dir., #2 Summon(s) BOP, #3 Summon(s) Health Services, #4 Summon(s) Warden, #5 Summon(s) William Marshall, #6 Civil Cover Sheet Cover Sheet)(Seltzer, David) |
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