Burt v. Doe et al
| John Thomas Burt |
| Warden John Doe, Officer/Sergeant Jane Doe, T.A Jane Doe, Officer Keiser, DeMarco, Nurse/Doctor Jane Doe, Supervisor Jane Doe, Nurse John Doe, Sergeant Grande, Sergeant John Doe, Superintendant John Doe, Colonel/Major John Doe, Libraian Thorn, Nurse Jane Doe and Director/Commissoner John Doe |
| 2:2019cv14347 |
| September 17, 2019 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Lisette M Reid |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 14
PAPERLESS ORDER denying #11 Motion for Leave to File Excess Pages. Consistent with the goal of Fed. R. Civ. P. 8, the amended complaint and its memorandum should remain within the 20-page limitation set forth in Local Rule 7.1(c)(2). Signed by Magistrate Judge Lisette M. Reid on 10/22/2019. (jgg)
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Filing 13
PAPERLESS ORDER granting in part #10 Motion for Extension of Time to Amend. Plaintiff's Amended Complaint is due on or before November 22, 2019; denying #10 Motion to Appoint Counsel, without prejudice. The law is clear that a plaintiff in a civil case has no constitutional right to counsel. Bass v. Perrin, 170 F.3d 1312, 1319-20 (11th Cir. 1999). The decision to appoint counsel is within the district courts discretion, and the court should appoint counsel only in exceptional circumstances, such as where the facts and legal issues are so novel or complex as to require the assistance of a trained practitioner. Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir. 1992) (quoting Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987)). Where the facts and the issues are simple, he or she will usually not need help. Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993). Should circumstances change, the Court may decide to appoint counsel at a later date. However, at this early juncture, it is not clear that Plaintiff's case consists of novel facts or complex legal issues; hence, it is not necessary to appoint counsel. Plaintiff's Motion to Appoint Counsel is, therefore, DENIED without prejudice. Signed by Magistrate Judge Lisette M. Reid on 10/22/2019. (jgg)
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Filing 12
PAPERLESS ORDER granting in part #9 Motion for Extension of Time to Amend. Plaintiff shall amend his complaint on or before November 22, 2019. Plaintiff is reminded that he shall comply with the Court's prior Order to Amend Complaint. Plaintiff is cautioned that he shall prepare, sign, and hand his amended complaint to prison authorities for mailing so that his amended complaint reaches the Court on or before November 22, 2019. No further extensions of time shall be granted, absent extraordinary circumstances, which may require a show cause hearing. Signed by Magistrate Judge Lisette M. Reid on 10/22/2019. (jgg)
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| Filing 11 MOTION for Leave to File Excess Pages on Amended Complaint by John Thomas Burt. (mc) |
| Filing 10 MOTION for Extension of Time to Amend #1 Complaint, MOTION to Appoint Counsel by John Thomas Burt. Responses due by 11/5/2019 (mc) |
| Filing 9 MOTION for Extension of Time to Amend #1 Complaint, MOTION to Appoint Counsel by John Thomas Burt. Responses due by 11/5/2019 (mc) |
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Filing 8
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 9/30/2019. See attached document for full details. (fbn)
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Filing 7
PAPERLESS ORDER denying #4 Motion for Referral to Volunteer Attorney Program, without prejudice. The law is clear that a plaintiff in a civil case has no constitutional right to counsel. Bass v. Perrin, 170 F.3d 1312, 1319-20 (11th Cir. 1999). The decision to appoint counsel is within the district courts discretion, and the court should appoint counsel only in exceptional circumstances, such as where the facts and legal issues are so novel or complex as to require the assistance of a trained practitioner. Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir. 1992) (quoting Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987)). Where the facts and the issues are simple, he or she will usually not need help. Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993). Should circumstances change, the Court may decide to appoint counsel at a later date. However, at this early juncture, it is not clear that Plaintiff's case consists of novel facts or complex legal issues; hence, it is not necessary to appoint counsel. Plaintiff's Motion for referral to Volunteer attorney program is, therefore, DENIED without prejudice. Signed by Magistrate Judge Lisette M. Reid on 9/30/2019. (jgg) Modified on 9/30/2019 (mr1).
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Filing 6
ORDER TO AMEND COMPLAINT 1983. On or before October 30, 2019, Plaintiff shall file an amended complaint, signed under the penalty of perjury, providing a short and plain statement of a claim for relief, a basis for federal jurisdiction, and a demand for judgment., ( Amended Complaint due by 10/30/2019.) Signed by Magistrate Judge Lisette M. Reid on 9/30/2019. See attached document for full details. (Attachments: #1 1983 Complaint Form) (fbn)
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Filing 5
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Magistrate Judge Lisette M. Reid on 9/30/2019. See attached document for full details. (fbn)
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| Filing 4 MOTION for Referral to Volunteer Attorney Program by John Thomas Burt. (jao) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by John Thomas Burt. (Attachments: #1 Supplement Trust Fund Account Statement)(jao) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore 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. (jao) |
| Filing 1 Complaint pursuant to 42 USC 1983 against DeMarco, Jane Doe(Desoto Correctional Institution Annex, Florida Department of Corrections), Jane Doe(Desoto Correctional Institution Annex, Florida Department of Corrections), Jane Doe(Martin Correctional Institution, Florida Department of Corrections), Jane Doe(Veterans Dorm, Martin Correctional Institution, Florida Department of Corrections), Jane Doe(Medical, Desoto Correctional Institution Annex, Florida Department of Corrections), Jane Doe(Martin Correctional Institution, Florida Department of Corrections), John Doe(Confinement, Martin Correctional Institution, Florida Department of Corrections), John Doe, John Doe, John Doe(Desoto Correctional Institution Annex, Florida Department of Corrections), John Doe(Okeechobee Correctional Institution, Florida Department of Corrections), John Doe(Martin Correctional Institution, Florida Department of Corrections), Grande, Keiser, Thorn. Filing fee $ 400.00. IFP Filed, filed by John Thomas Burt.(jao) |
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