Mercado v. Florida Department of Corrections et al
| Louis A. Mercado |
| Alex Smith, Lieutenant Samantha Torres, Florida Department of Corrections, Wexford Health Sources, Captain Domingo Guzman and Juann Posten |
| 2:2019cv14106 |
| March 21, 2019 |
| U.S. District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Lisette M Reid |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 11
PAPERLESS ORDER denying #8 Motion to Appoint Counsel. This Cause is before the Court upon the motion of the plaintiff for appointment of counsel.The Court is not unmindful that the plaintiff is an indigent who has been permitted to proceed without prepayment of fees and costs pursuant to 28 U.S.C. l9l5(a). For that reason the prepayment of all filing and service fees has been waived and the Court has and will continue to make all of the services of Court functionaries available to the plaintiff without prepayment of fees and costs. It cannot, however, appoint a lawyer to represent the plaintiff, since there is no provision under the law for such appointment. Mallard v. U.S. District Court for the Southern District of Iowa, 490 U.S. 296 (1989).This is not a criminal case in which the Sixth Amendment guarantees an indigent full access to the public fisc to assure justice. It is a private civil suit. Prisoners bringing such suits are required to bear their own expenses if they seek counsel, just as is any private litigant.Under compelling circumstances, the Court can request a lawyer to represent an indigent civil plaintiff pursuant to 28 U.S.C. l9l5(d). Any lawyer who agrees to undertake such representation must bear all his or her own expenses, such as travel expenses, and can receive no compensation unless the plaintiff ultimately prevails in the case. If the plaintiff does prevail, the Court can award a reasonable attorney's fee as part of the costs, pursuant to 42 U.S.C. l988.The Court has reviewed this case and finds that no compelling circumstances require the extraordinary procedure of seeking counsel for the plaintiff. Should developments in the case alter that assessment at a later time, appropriate steps will be taken. The motion for appointment of counsel is denied. Signed by Magistrate Judge Lisette M. Reid on 5/8/2019. (jb01)
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| Filing 10 MEMORANDUM in Support re #8 MOTION to Appoint Counsel by Louis A. Mercado. (ls) |
| Filing 9 AFFIDAVIT/DECLARATION in Support re #8 MOTION to Appoint Counsel filed by Louis A. Mercado. (ls) |
| Filing 8 MOTION to Appoint Counsel by Louis A. Mercado. Responses due by 5/17/2019 (ls) |
| Filing 7 OBJECTIONS to #6 Report and Recommendations by Louis A. Mercado. (ls) |
| Filing 6 REPORT AND RECOMMENDATIONS on 42 USC 1983 case re #1 Complaint 42 USC 1983 or Bivens filed by Louis A. Mercado; Recommending that: (1) the claims against Domingo Guzman, Samantha Torres, Joann Posten and Alex Smith for deliberate indifference be permitted to proceed; (2) the claims against the Florida Department of Revenue and Wexford Health Sources be dismissed for failure to state a claim upon which relief can be granted; and (3) the request for a declaration that the Plaintiff's use of force was justified be denied. Objections to R&R due by 4/29/2019. Signed by Magistrate Judge Lisette M. Reid on 4/15/2019. See attached document for full details. (fbn) |
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Filing 5
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Plaintiff to Proceed without Prepayment of Filing Fee but Establishing Debt to Clerk of $350.00. Granting 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. USM Service NOT Ordered. Signed by Magistrate Judge Lisette M. Reid on 3/25/2019. See attached document for full details. (fbn)
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Filing 4
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Magistrate Judge Lisette M. Reid on 3/25/2019. See attached document for full details. (fbn)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Louis A. Mercado. (jas) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks 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. (jas) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Florida Department of Corrections, Domingo Guzman, Juann Posten, Alex Smith, Samantha Torres, Wexford Health Sources. Filing fee $400.00. IFP Filed, filed by Louis A. Mercado.(jas) |
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