Blair v. Mascara
Plaintiff: Delfon Blair
Defendant: Sheriff Ken Mascara
Case Number: 2:2022cv14246
Filed: July 5, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Jose E Martinez
Referring Judge: Donald M Middlebrooks
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 State Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2022 Filing 18 Acknowledgment of Receipt of NOA from USCA re #13 Notice of Appeal, filed by Delfon Blair. Date received by USCA: 8/30/2022. USCA Case Number: 22-12836. (No Acknowledgment Letter attached.) (apz)
August 25, 2022 Filing 17 CLERK'S NOTICE of Mailing Pro Se Instructions to Delfon Blair re #13 Notice of Appeal. (apz)
August 24, 2022 Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #13 Notice of Appeal, Notice has been electronically mailed. (apz)
August 22, 2022 Opinion or Order Filing 11 ORDER CLOSING CASE. This case is DISMISSED without prejudice for failure to state a claim upon which relief can be granted. Any pending motions shall be DENIED as moot; and, The Clerk of Court shall CLOSE THIS CASE. Signed by Judge Donald M. Middlebrooks on 8/22/2022. See attached document for full details. (daa)
August 19, 2022 Filing 16 MOTION to Appoint Appellate Counsel by Delfon Blair. Responses due by 9/2/2022 (apz)
August 19, 2022 Filing 15 MOTION for Leave to Appeal in forma pauperis by Delfon Blair (construed from Application for Determination of Civil Indigent Status). (apz)
August 19, 2022 Filing 14 Clerk's Notice of Docket Correction re #12 Notice of Appeal. Document Restricted Due to Error (Notice of Appeal linked to incorrect party); The correct document has been re-filed at DE #13 . (apz)
August 19, 2022 Filing 13 Notice of Appeal re #10 Order, Set/Reset Deadlines/Hearings, by Delfon Blair. IFP Filed. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (apz)
August 19, 2022 Filing 12 RESTRICTED - Notice of Appeal re #10 Order, Set/Reset Deadlines/Hearings by Ken Mascara. IFP Filed. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (apz) Modified text on 8/24/2022 (apz).
July 8, 2022 Opinion or Order Filing 10 ORDER DISMISSING CIVIL RIGHTS COMPLAINT UNDER THE PRISON LITIGATION REFORM ACT ("PLRA"). The Plaintiff's Complaint (DE #1 ) is DISMISSED without prejudice for failure to state a claim upon which relief can be granted; On or before JULY 29, 2022, Plaintiff may, if he so chooses, file an Amended Complaint curing the deficiencies identified in this Order by providing a short and plain statement of the claim or claims with supporting facts against each named Defendant, a basis for federal jurisdiction, and a demand for judgment. The Plaintiff shall be provided a form complaint for his use. Signed by Judge Donald M. Middlebrooks on 7/8/2022. See attached document for full details. (Attachments: #1 Complaint for Violation of Civil Rights (Non-Prisoner)) (daa)
July 8, 2022 Opinion or Order Filing 9 ORDER. Plaintiff's Motion for Referral to Volunteer Attorney Program (DE #4 ) and Motion to Serve Defendant (DE #5 ) are DENIED without prejudice. Signed by Judge Donald M. Middlebrooks on 7/8/2022. See attached document for full details. (daa)
July 8, 2022 Filing 8 CLERK'S NOTICE of compliance re #7 Order. Copy of Order and IFP long Form mailed to Plaintiff. (daa)
July 8, 2022 Opinion or Order Filing 7 ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS AND REQUIRING PAYMENT OF $402 FILING FEE OR FILING A NEW, NON-PRISONER IN FORMA PAUPERIS AFFIDAVIT WITH SUPPORTING DOCUMENTATION. The pending IFP Motion (DE #3 ) is DENIED without prejudice. On or before JULY 29, 2022, Plaintiff shall either pay the $402 filing fee, or file a renewed IFP Motion. The Clerk shall include a non-prisoner IFP form when serving Plaintiff with his copy of this order, and shall note same on the court's on-line docket. Signed by Judge Donald M. Middlebrooks on 7/8/2022. See attached document for full details. (Attachments: #1 IFP Long Form) (daa)
July 7, 2022 Filing 6 Corrected Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Judge Jose E. Martinez no longer assigned to case. (daa)
July 5, 2022 Filing 5 MOTION for Appointment of Special Process Server by Delfon Blair. Responses due by 7/19/2022 (pc)
July 5, 2022 Filing 4 MOTION for Referral to Volunteer Attorney Program by Delfon Blair. (pc)
July 5, 2022 Filing 3 MOTION for Leave to Proceed in forma pauperis by Delfon Blair. (pc)
July 5, 2022 Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pc)
July 5, 2022 Filing 1 COMPLAINT against Ken Mascara. Filing fees $ 402.00 (FEE NOT PAID). IFP Filed, filed by Delfon Blair.(pc) (Additional attachment(s) added on 7/6/2022: #1 Civil Cover Sheet) (pc). (Additional attachment(s) added on 7/6/2022: #2 Summon(s)) (pc).

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Plaintiff: Delfon Blair
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