Rodriguez v. Barrows et al
| Dario M. Rodriguez |
| Supervisor Peter Keisler, Sergeant Fernandez, Captain Edwards, U.S. Senator John Doe 1-2, U.S. House of Representative John Doe 1-2, Sergeant Valpellettii, Captain Scarpettii, Garbaldo, Barrows, Lauren Ebna and Swain |
| 2:2018cv14460 |
| November 7, 2018 |
| US District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Lisette Marie Reid |
| Patrick A White |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 19
PAPERLESS ORDER granting #15 Motion for Extension of Time. The deadline for Plaintiff to file Objections to ALL pending REPORTS AND RECOMMENDATIONS of the Magistrate Judge (DE #11 entered on December 11, 2018, DE #12 entered on December 11, 2018, and DE #14 entered December 20, 2018) is extended to January 16, 2019. Signed by Judge Donald M. Middlebrooks on 1/4/2019. (kal)
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| Filing 18 REFERRAL to Magistrate Judge Lisette Marie Reid, per DE 17. Motions referred to Judge Lisette Marie Reid. (vjk) |
| Filing 17 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2019-2 to Magistrate Judge Lisette Marie Reid. Magistrate Judge Patrick A. White no longer assigned to case. (yar) |
| Filing 16 AFFIDAVIT signed by : Dario Rodriguez by Dario M. Rodriguez (lk) |
| Filing 15 MOTION for Extension of Time by Dario M. Rodriguez. Responses due by 1/17/2019 (lk) |
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Filing 14
REPORT AND RECOMMENDATIONS on 42 USC 1983 case re #13 MOTION for Order to Show Cause/Emergency motion for judicial assistance filed by Dario M. Rodriguez, recommending that said motion be denied. Objections to R&R due by 1/3/2019 Signed by Magistrate Judge Patrick A. White on 12/20/2018. See attached document for full details. (lr)
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| Filing 13 EMERGENCY MOTION for Order to Show Cause by Dario M. Rodriguez. (lk) |
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Filing 12
REPORT AND RECOMMENDATIONS on 42 USC 1983 case re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Order to Show Cause filed by Dario M. Rodriguez; Recommending motion for a TRO DE#5 should be DENIED. Objections to R&R due by 12/26/2018. Signed by Magistrate Judge Patrick A. White on 12/11/2018. See attached document for full details. (fbn)
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Filing 11
REPORT AND RECOMMENDATIONS RE DISMISSAL FOR LACK OF PROSECUTION on 42 USC 1983 case re #1 Complaint 42 USC 1983 or Bivens, filed by Dario M. Rodriguez; Recommending that this case be dismissed for lack of prosecution, failure to comply with a court order, or both. Objections to R&R due by 12/26/2018. Signed by Magistrate Judge Patrick A. White on 12/11/2018. See attached document for full details. (fbn)
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Filing 10
PAPERLESS ORDER denying, without prejudice, #4 Motion for Evidentiary Hearing. The court has yet to screen plaintiff's complaint, and IFP status has yet to be determined. This motion, which in any event lacks an adequate factual basis, is premature. Signed by Magistrate Judge Patrick A. White on 12/10/2018. (js04)
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Filing 9
PAPERLESS ORDER denying, without prejudice, #4 Motion to Appoint Counsel. District courts lack authority to require counsel to represent indigent prisoners in 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney to voluntarily represent such a plaintiff. See 28 U.S.C. 1915(e)(1). However, at this stage in the proceedings, plaintiff has yet to show exceptional circumstances warranting the appointment of counsel. Signed by Magistrate Judge Patrick A. White on 12/10/2018. (js04)
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Filing 8
ORDER denying #3 Motion for Leave to Proceed in forma pauperis. On or before December 10, 2018, plaintiff shall either pay the Clerks filing fee of $350.00 or, in the alternative, file a new motion to proceed IFP with supporting financial affidavit upon the form provided with this Order, together with a prison account statement showing plaintiff's past six (6) months of financial transactions. Responses due by 12/10/2018 Signed by Magistrate Judge Patrick A. White on 11/13/2018. See attached document for full details. (Attachments: #1 IFP Form) (fbn)
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Filing 7
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Patrick A. White on 11/13/2018. See attached document for full details. (fbn)
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| Filing 6 AFFIDAVIT by Dario M. Rodriguez. (kpe) |
| Filing 5 MOTION for Temporary Restraining Order ( Responses due by 11/21/2018), MOTION for Preliminary Injunction by Dario M. Rodriguez. (kpe). Added MOTION to Show Cause on 11/8/2018 (asl). |
| Filing 4 MOTION for the Appointment of Counsel ( Responses due by 11/21/2018), Request for Evidentiary Hearing by Dario M. Rodriguez. (kpe) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Dario M. Rodriguez. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (kpe) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Barrows, Lauren Ebna, Edwards, Fernandez, Garbaldo, Peter Keisler, Scarpettii, Swain, U.S. House of Representative John Doe 1-2, U.S. Senator John Doe 1-2, Valpellettii. Filing fee $ 400.00. IFP Filed, filed by Dario M. Rodriguez. (Attachments: #1 Exhibit, #2 Summons, Affidavit of Service and Mailing)(kpe) |
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