Frazier v. Resilard et al
| Kelvin Frazier |
| Yves Resilard, Centurion of Florida, J. Holtz and S. Milliken |
| 2:2023cv14113 |
| April 21, 2023 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 15 Acknowledgment of Receipt of NOA from USCA re #13 Notice of Appeal, filed by Kelvin Frazier. Date received by USCA: 06/06/2023. USCA Case Number: 23-11895-A. (jes) |
| Filing 14 CLERK'S NOTICE of Mailing Pro Se Instructions to Kelvin Frazier re #13 Notice of Appeal. (apz) |
| Transmission of Notice of Appeal, Orders under appeal, and Docket Sheet to US Court of Appeals re #13 Notice of Appeal, Notice has been electronically mailed. (apz) |
| Filing 13 Notice of Appeal (construed from "Motion Seeking Permission to be Granted for Certificate of Appealability") re #12 Order on Motion for Hearing, #7 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion to Appoint Counsel, by Kelvin Frazier. FILING FEE: (NOT PAID). 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 All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (apz) |
Filing 12
ORDER DENYING MOTION FOR REHEARING. ORDER denying #9 Motion for Hearing. ORDERED AND ADJUDGED that the Motion for Rehearing and Reconsideration (DE #9 ) is DENIED. Signed by Judge Raag Singhal on 5/26/2023. See attached document for full details. (nan)
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| Filing 11 PROOF OF SERVICE by Kelvin Frazier re #8 Written Objections, #9 MOTION for Rehearing (ls) |
| Filing 10 Clerk's Notice of Docket Correction re #9 MOTION for Rehearing. Incorrect Document Attached; The correct document has been attached to this notice. (ls) |
| Filing 9 MOTION for Rehearing by Kelvin Frazier. (ls) (Main Document 9 replaced on 5/16/2023) (ls). |
| Filing 8 Written Objection to #7 Order on Motion for Leave to Proceed in forma pauperis,, Order on Motion to Appoint Counsel, by Kelvin Frazier. (ls) |
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Filing 7
ORDER denying #3 Motion for Leave to Proceed in forma pauperis ; denying as moot #4 Motion to Appoint Counsel. Plaintiff's Complaint (DE #1 ) is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. 1915(g).The Clerk of Court is directed to CLOSE this case and DENY AS MOOTany pending motions. Signed by Judge Raag Singhal on 4/28/2023. See attached document for full details. (nan)
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| Civil Case Terminated. Closing Case. Per Order, DE#7 (nan) |
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Filing 6
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 4/21/2023. (eca)
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| Filing 5 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses).Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 4/21/2023. (eca) |
| Filing 4 MOTION to Appoint Counsel by Kelvin Frazier. (Attachments: #1 Memorandum, #2 Affidavit)(daa) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Kelvin Frazier. (daa) |
| Filing 2 Judge Assignment to Judge Raag Singhal. (daa) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Centurion of Florida, J. Holtz, S. Milliken, Yves Resilard. Filing fee $ 402.00. IFP Filed, filed by Kelvin Frazier. (Attachments: #1 Exhibit, #2 Proposed Summon(s))(daa) |
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