Rayne v. Secretary, Florida Department of Corrections et al
| Drew Rayne and David A. Tennant |
| Secretary, Florida Department of Corrections and Centurion |
| 2:2021cv14013 |
| January 7, 2021 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 8, 2021. A more recent docket listing may be available from PACER.
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| Filing 17 Clerk's Notice of Compliance re 16 Order on Motion for Reconsideration. Order mailed to Plaintiff. (cbr) |
Filing 16
ENDORSED ORDER DENYING IN PART #15 Petition for instructions. The Court already denied appointment of counsel and does so again for the reasons in that Order. ECF No. 5. Furthermore, as the Court has previously instructed Plaintiff, the Court has already granted her ifp status. ECF Nos. 8, 13. Plaintiffs continued inquires regarding ifp matters are unnecessary and duplicative. Further such inquires may result in a formal finding that Plaintiffs conduct is contumacious. Lastly, the Courts Screening Order, ECF No. 9, contains all the information that Plaintiff needs with respect to filing a supplement discussed therein. If Plaintiff received additional documents from the Court that she does not need, she may disregard them. The Clerk SHALL MAIL a copy of this Order to Plaintiff. Signed by Judge Marcia G. Cooke on 2/8/2021. (js05)
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| Filing 15 Petition for instructions and request for ruling on previous petition for appointment of counsel re 5 Order on Motion to Appoint Counsel,, by Drew Rayne. (Copy of Docket Sheet mailed) (ebz) |
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Filing 14
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANT. Signed by Judge Marcia G. Cooke on 1/27/2021. See attached document for full details. (daa)
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Filing 13
ENDORSED ORDER denying as moot #12 Motion for Leave to Proceed in forma pauperis. The Court has already granted Plaintiff IFP status. ECF No. 8. Signed by Judge Marcia G. Cooke on 1/27/2021. (js05)
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| Filing 12 MOTION for Leave to Proceed in forma pauperis by Drew Rayne. (Address Updated) (ebz) |
| Filing 11 Summons Issued as to Mark S. Inch, in official capacity Secretary, Florida Department of Corrections. (daa) |
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Filing 10
ORDER TO U.S. MARSHAL DIRECTING PERSONAL SERVICE UPON DEFENDANT Mark S. Inch, in official capacity Secretary, Florida Department of Corrections. Signed by Judge Marcia G. Cooke on 1/26/2021. See attached document for full details. (daa)
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Filing 9
SCREENING ORDER re #1 Complaint 42 USC 1983 filed by Drew Rayne. The case SHALL PROCEED on Plaintiff's: (1) individual-capacity medical deliberate indifference claim against Mr. Kahn and Dr. Suarez for nominal damages; and (2) official-capacity medical deliberate indifference claim against the FDOC for injunctive relief. Plaintiff's claim for monetary damages against the FDOC is DISMISSED without leave to amend. Plaintiff's individual- and official-capacity medical deliberate indifference claims against Centurion are DISMISSED without leave to amend. The Court grants Plaintiff leave to FILE A SUPPLEMENT in which she may attempt to assert any proper: (1) individual-capacity retaliatory transfer claim; (2) claim for compensatory and/or punitive damages based on any non de minims physical injury resulting from the alleged medical deliberate indifference and/or retaliatory transfer. The supplemental SHALL NOT CONTAIN any further claims and shall be received by the Court and docketed by February 27, 2021. The Clerk shall TERMINATE Defendant Centurion. Signed by Judge Marcia G. Cooke on 1/26/2021. See attached document for full details. (daa)
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Filing 8
ORDER GRANTING IFP STATUS AND ESTABLISHING DEBT OF $350. The Court VACATES its Order denying without prejudice IFP motion (ECF No. #6 ) and REINSTATES Plaintiff's IFP motion (ECF No. #3 ). The Court GRANTS the IFP motion (ECF No #3 ).Plaintiff owes the United States a debt of $350 which must be paid to the Clerk of the Court as funds become available. The jail/prison having custody of Plaintiff must make payments from the prisoners account to the Clerk of the Court each time the amount in the account exceeds $10 until the full filing fee of $350 is paid. Signed by Judge Marcia G. Cooke on 1/13/2021. See attached document for full details. (daa)
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| Filing 7 NOTICE of Filing Trust Fund Account Statement by Drew Rayne re #3 MOTION for Leave to Proceed in forma pauperis (ebz) |
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Filing 6
VACATED pursuant to Order (ECF No. #8 ) ORDER denying without prejudice #3 Motion for Leave to Proceed in forma pauperis. Filing Fee due by 2/10/2021. Motions due by 2/10/2021. Signed by Judge Marcia G. Cooke on 1/11/2021. See attached document for full details. (Attachments: #1 IFP form) (daa) Modified on 1/13/2021 (daa).
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Filing 5
ENDORSED 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 Judge Marcia G. Cooke on 1/9/2021. (js05)
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| Filing 4 MOTION to Appoint Counsel by Drew Rayne. Responses due by 1/21/2021 (daa) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Drew Rayne. (daa) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. (daa) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Centurion, Secretary, Florida Department of Corrections. Filing fee $ 402.00. IFP Filed, filed by Drew Rayne. (Attachments: #1 Exhibit)(daa) |
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