Taylor v. Castillo
| Marcus L. Taylor |
| Richard Castillo |
| 2:2022cv14118 |
| March 31, 2022 |
| U.S. District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 State Prisoner Civil Rights |
| None |
Docket Report
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Filing 13
ORDER DISMISSING AMENDED COMPLAINT. The Amended Complaint [ECF No. #11 ] is DISMISSED without prejudice pursuant to Younger and Heck, and, in the alternative, for failing to state a claim upon which relief may be granted. The Clerk is INSTRUCTED to include the relevant state court dockets in the record as previously set out in this Order. All pending motions, if any, are DENIED as moot. All deadlines are TERMINATED. This case is CLOSED. Signed by Judge Rodolfo A. Ruiz, II on 5/6/2022. See attached document for full details. (Attachments: #1 State Court Highlands County Criminal Docket 2010-CF-001160, #2 State Court Highlands County Criminal Docket 2019-CF-000699, #3 State Court Highlands County Criminal Docket 2019-CF-000701) (daa)
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| Filing 12 MOTION for Leave to Proceed in forma pauperis by Marcus L. Taylor. (lbc) |
| Filing 11 AMENDED COMPLAINT against Richard Castillo filed in response to Order Granting Motion for Leave, filed by Marcus L. Taylor.(lbc) |
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Filing 10
PAPERLESS ORDER denying #7 Motion to Transcribe V.O.P. Hearing; denying #8 Motion for Referral to Volunteer Attorney Program without prejudice. Plaintiff has filed two motions that are pending with the Court. The first requests that the Court order the "Highlands County Court" to transcribe a violation of probation (V.O.P.) hearing which took place on December 2, 2021. The Court will not grant this motion because Plaintiff should first petition the state court for a transcript of this proceeding, as it is generally inappropriate for a federal court to interfere with the functions of a state court. See Wilson v. Schnettler, 365 U.S. 381, 385 (1961) ("[F]ederal courts should not exercise their discretionary power to interfere with or embarrass threatened proceedings in state courts.") (cleaned up). The Motion to Transcribe V.O.P. Hearing [ECF No. 7] is therefore DENIED without prejudice. The Court also denies Plaintiff's motion to refer this case to the Court's "Volunteer Attorney Program." Although pro se civil rights plaintiffs have "no constitutional right to counsel," the Court may still appoint a lawyer to represent a plaintiff if there is an "exceptional circumstance." Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999). At this stage, the Court will not appoint counsel until it has screened Plaintiff's Amended Complaint as required by 28 U.S.C. 1915(e) and 1915A. If the Court allows the Amended Complaint to go forward, Plaintiff is welcome to file a new motion requesting appointed counsel. Until that time, the Motion for Referral to Volunteer Attorney Program [ECF No. 8] is DENIED without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 4/21/2022. (cps)
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Filing 9
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS. Plaintiff's motion to proceed in forma pauperis [ECF No. #5 ] is GRANTED to the extent that Plaintiff need not prepay even a partial filing fee in this case, or prepay costs, such as for service of process. Plaintiff owes the United States a debt of $350.00 which must be paid to the Clerk of Court as funds become available. The jail/prison having custody of 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. Signed by Judge Rodolfo A. Ruiz, II on 4/21/2022. See attached document for full details. (daa)
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| Filing 8 MOTION for Referral to Volunteer Attorney Program by Marcus L. Taylor. (pcs) |
| Filing 7 MOTION to Transcribe V.O.P. Hearing of December 2, 2021 from Highland County Court by Marcus L. Taylor. (pcs) |
| Filing 6 Prisoner Trust Fund Account Statement by Marcus L. Taylor (pcs) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Marcus L. Taylor. (pcs) |
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Filing 4
ORDER TO AMEND. On or before May 11, 2022, the amended complaint must be docketed, signed under the penalty of perjury, and contain a short and plain statement of a claim for relief, a basis for federal jurisdiction, and a demand for judgment. Plaintiff shall be provided a form complaint. On or before May 11, 2022, Plaintiff must also either (i) pay the entire filing fee or (ii) file an adequate application to proceed IFP. Plaintiff will also be provided with a form IFP motion. The Clerk's Office is INSTRUCTED to administratively CLOSE this case. The Clerk is further INSTRUCTED to provide Plaintiff with two forms: "Complaint for Violation of Civil Rights (Prisoner)" and "Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)." Plaintiff is, in addition, warned that failure to file their amended complaint and/or IFP Motion on time and in compliance with this Order shall result in this case remaining closed. Signed by Judge Rodolfo A. Ruiz, II on 4/11/2022. See attached document for full details. (Attachments: #1 Complaint for Violation of Civil Rights (Prisoner) form, #2 IFP Form) (daa)
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Filing 3
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Judge Rodolfo A. Ruiz, II on 4/11/2022. See attached document for full details. (daa)
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| Filing 2 Judge Assignment to Judge Rodolfo A. Ruiz, II. (daa) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Richard Castillo. Filing fee $ 402.00 (Filing fee not paid/IFP Motion not filed), filed by Marcus L. Taylor.(daa) |
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| Plaintiff: Marcus L. Taylor | |
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| Defendant: Richard Castillo | |
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