Rodriguez v. Lawson et al
| Dario Micheal Rodriguez |
| S. Milliken, Alberto Gonzales, Alan Lawson, Hugh Hurwitz, Charles T. Canady, Ronald Desantis, Lynretta Lynch, Steven Sislak, J. Culpepper and James C. Mahen |
| 2:2019cv14060 |
| February 20, 2019 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Robin L Rosenberg |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on April 15, 2019. A more recent docket listing may be available from PACER.
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| Filing 21 AMENDED COMPLAINT against All Defendants filed in response to DE #14 Order Granting Motion for Leave, filed by Dario Micheal Rodriguez.(lk) |
| Filing 20 MOTION for Leave to File an amended complaint by Dario Micheal Rodriguez. (lk) |
| Filing 19 AFFIDAVIT of Objection. re #18 Response/Reply (Other) by Dario Micheal Rodriguez (lk) |
| Filing 18 Motion of objection response by Dario Micheal Rodriguez. (lk) |
Filing 17
PAPERLESS ORDER denying #15 Motion for Reconsideration. Plaintiff is required to comply with this Court's previous order requiring him to file an amended complaint (DE#14) on or before April 22, 2019. Signed by Magistrate Judge Lisette M. Reid on 4/5/2019. (rm01)
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| Filing 16 AFFIDAVIT/DECLARATION of Law re #15 MOTION for objection to reconsider by Dario Micheal Rodriguez (lk) |
| Filing 15 MOTION to consider objection to reconsider by Dario Micheal Rodriguez. (lk) |
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Filing 14
ORDER STRIKING PLAINTIFF'S AMENDED COMPLAINT (DE#13 ) AND FINAL ORDER TO AMEND on or before April 22, 2019, Plaintiff shall file a final amended complaint in this case not to exceed 20 pages. ( Amended Complaint due by 4/22/2019 ) Signed by Magistrate Judge Lisette M. Reid on 3/21/2019. See attached document for full details. (Attachments: #1 1983 Complaint Form) (fbn)
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| Filing 13 STRICKEN PER DE#13 AMENDED COMPLAINT against Charles T. Canady, Alberto Gonzales, Alan Lawson, filed by Dario Micheal Rodriguez as per DE Order #10 (lk) Modified text on 3/21/2019 (fbn). |
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Filing 12
PAPERLESS ORDER STRIKING #11 Notice (Other) filed by Dario Micheal Rodriguez. Plaintiff was previously ordered to amend his rambling initial complaint which consisted of a 66 page handwritten pages and 200 pages of attached exhibits. (DE#10). Pursuant to that order, the amended complaint is due by March 21, 2019. (Id.). Plaintiff now seeks to file 27 handwritten and incomprehensible pages of exhibits to his initial motion. Because plaintiff has previously been ordered to amend, and was notified that his amended complaint shall serve as the sole, operative complaint in this case, the instant notice is hereby stricken from the record. Plaintiff may file an amended complaint within the confines of this Court's prior order, and the submission of exhibits at this time, is not necessary. Signed by Magistrate Judge Lisette M. Reid on 3/12/2019. (rm01)
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| Filing 11 (STRICKEN PER DE#12)NOTICE of filing exhibit (Copy of past conviction) by Dario Micheal Rodriguez (lk)Text Modified on 3/13/2019 (cqs). |
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Filing 10
ORDER REQUIRING AMENDED COMPLAINT on or before March 21, 2019, the plaintiff shall file an amended complaint in this case. ( Amended Complaint due by 3/21/2019 ) Signed by Magistrate Judge Lisette M. Reid on 2/21/2019. See attached document for full details. (Attachments: #1 1983 Complaint Form) (fbn)
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Filing 9
ORDER granting #3 Motion for Leave to Proceed in forma pauperis to the extent that the plaintiff need not prepay even a partial filing fee in this case, or to prepay costs such as for service of process. The plaintiff owes the United States a debt of $350.00 which must be paid to the Clerk of the Court as funds become available. The jail/prison having custody of the plaintiff must make payments from the prisoner's account to the Clerk of this Court each time the amount in the account exceeds $10.00 until the full filing fee of $350.00 is paid. USM Service NOT Ordered. Signed by Magistrate Judge Lisette M. Reid on 2/21/2019. See attached document for full details. (fbn)
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Filing 8
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Magistrate Judge Lisette M. Reid on 2/21/2019. See attached document for full details. (fbn)
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Filing 7
PAPERLESS ORDER denying #5 Motion for Preliminary Injunction. Plaintiff's motion as currently pled is insufficient. The court cannot discern from the motion who plaintiff is seeking the injunction against, nor are the allegations clear from the pleadings. For example, it appears as though plaintiff is requesting the enforcement of an injunctive order already in place, however he does not explain what "injunctive order" he is referring to. Because the court cannot follow the plaintiff's motion, it cannot grant it at this time. Plaintiff may file an additional motion for preliminary injunction at a later date should he set forth sufficient facts for the court to rule upon. Signed by Magistrate Judge Lisette M. Reid on 2/21/2019. (rm01)
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Filing 6
PAPERLESS ORDER denying #4 Motion to Appoint Counsel; denying #4 Motion for Hearing. In determining whether to appoint counsel, [t]he key is whether the pro se litigant needs help in presenting the essential merits of his or her position to the court. Where the facts and issues are simple, he or she usually will not need such help. Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993). Thus, whether a case presents exceptional circumstances warranting the appointment of counsel depends on (1) the type and complexity of the case; (2) whether the pro se litigant is capable of adequately presenting her case; (3) whether the litigant is in a position to adequately investigate the case; and (4) whether the evidence will consist in large part of conflicting testimony so as to require skill in the presentation of evidence and in cross-examination. See Ulmer v. Chancellor, 691 F.2d 209, 213 (5th Cir. 1982) (incorporated by Fowler v. Jones, 899 F.2d 1088, 1096 (11th Cir. 1990)).After reviewing this case, the Court finds that, at this juncture, no compelling circumstances require the extraordinary procedure of seeking counsel for Plaintiff. Similarly, petitioner's request for an evidentiary hearing is premature at this time. Accordingly, both motions are denied. Signed by Magistrate Judge Lisette M. Reid on 2/21/2019. (rm01)
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Filing 5
Order of Enforcement or Modifying an Injunctive ORder by Dario Micheal Rodriguez. (kpe)
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| Filing 4 MOTION for the Appointment of Counsel ( Responses due by 3/6/2019)/Request for Evidentiary by Dario Micheal Rodriguez. (kpe) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Dario Micheal Rodriguez. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Lisette M. Reid. Pursuant to Administrative Order 2019-2, 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 Charles T. Canady, J. Culpepper, Ronald Desantis, Alberto Gonzales, Hugh Hurwitz, Alan Lawson, Lynretta Lynch, James C. Mahen, S. Milliken, Steven Sislak. Filing fee $ 400.00. IFP Filed, filed by Dario Michael Rodriguez. (Attachments: #1 Affidavit, #2 Supplement, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(kpe) |
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