Pennington v. Centurion Health Inc. et al
| Mark Alan Pennington |
| Centurion Health Inc., Haridas Bhadja, Larkin Community Hospital, Dr. John Doe #1, John Doe #2, M.D. L. Santana, S. Jackson, J. Doe, Secretary of Florida Department of Corrections, S. Scholl, J. Louis, D. Brown, Dr. Haridas Bhadja, Dr. L. Santana, Nurse S. Jackson, Nurse S. Scholl, Nurse J. Louis and Physician Assistant Philippe Louis-Jacques |
| 2:2023cv14206 |
| July 18, 2023 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1983 Civil Rights |
| None |
Docket Report
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Filing 17
PAPERLESS ORDER sealing 16 Executed Summons until further notice. The returned summons contains the personal home address of a defendant who was a civilian employed by the Florida Department of Corrections, so the address is confidential under Florida law. See Fla. Stat. 119.071(4)(d)(2)(a). Signed by Judge Rodolfo A. Ruiz, II on 9/11/2023. (cps)
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SYSTEM ENTRY - Docket Entry 16 [service] restricted/sealed until further notice. (scn)
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Filing 15
SUMMONS (Affidavit) Returned Executed on #1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Physician Assistant Philippe Louis-Jacques served on 9/8/2023, response/answer due 9/29/2023. (pcs)
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Filing 14
SUMMONS (Affidavit) Returned Executed on #1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Nurse J. Louis served on 9/6/2023, response/answer due 9/27/2023. (pcs)
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Filing 13
SUMMONS (Affidavit) Returned Executed on #1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Dr. Haridas Bhadja served on 9/6/2023, response/answer due 9/27/2023. (pcs)
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Filing 12
SUMMONS (Affidavit) Returned Executed on #1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Nurse S. Scholl served on 9/5/2023, response/answer due 9/26/2023. (pcs)
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Filing 11
SUMMONS (Affidavit) Returned Executed on #1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Dr. L. Santana served on 9/5/2023, response/answer due 9/26/2023. (pcs)
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Filing 10
CLERK'S Notice Of Compliance re #8 Order Granting Motion To Proceed In Forma Pauperis And Directing The U.S. Marshals Service To Serve Defendants. The Clerk has provided a copy to this Courts Financial Department and the Florida Department of Corrections Inmate Trust Fund Section. (rbe)
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Filing 9
Summons Issued as to Dr. Haridas Bhadja, Nurse S. Jackson, Nurse J. Louis, Physician Assistant Philippe Louis-Jacques, Dr. L. Santana, Nurse S. Scholl. (rbe)
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Filing 8
Order Granting Motion To Proceed In Forma Pauperis And Directing The U.S. Marshals Service To Serve Defendants. Plaintiff's Amended Motion for Leave to Proceed in forma pauperis ECF No. #6 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 prison having custody of Plaintiff must make payments from the prisoners account to the Clerk each time the amount in the account exceeds $10.00 until the full filing fee of $350.00 is paid. USM Service Ordered and Summonses Provided ( See DE #9 ). The case shall remain administratively CLOSED. Any party may move to reopen the case once all Defendants have been served. Signed by Judge Rodolfo A. Ruiz, II on 8/30/2023. See attached document for full details. (rbe)
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Filing 7
PAPERLESS ORDER dismissing #5 Motion to Alter or Amend Judgment. After screening Plaintiff's Complaint under 28 U.S.C. 1915A, the Court allowed many of Plaintiff's claims to proceed but dismissed several others for failing to state a claim upon which relief may be granted. See Screening Order [ECF No. #4 ] at 15-16. Plaintiff has now filed a Fed. R. Civ. P. 59(e) motion, asking the Court to reconsider the claims it previously dismissed with prejudice. See Mot. at 1. Rule 59(e) does not apply here because the Court's screening order is not a final order. See Kolawole v. Sellers, 863 F.3d 1361, 1368 (11th Cir. 2017) ("Plaintiffs moved for relief pursuant to Rules 59(e) and 60(b), which is available only when the court has already entered a final judgment[.]"); Molbogot v. MarineMax East, Inc., No. 20-CV-81254, 2022 WL 2671124, at *1 (S.D. Fla. July 11, 2022) ("No final judgment has been entered in this case, so Rule 59(e) is inapplicable."). It is true that the Court's interlocutory orders are "subject to reconsideration at any time prior to the entry of final judgment," Covenant Christian Ministries, Inc. v. City of Marietta, Ga., 654 F.3d 1231, 1242 (11th Cir. 2011), but doing so is "an extraordinary remedy" that must "be employed sparingly," Burger King Corp. v. Ashland Equities, Inc., 181 F. Supp. 2d 1366, 1370 (S.D. Fla. 2002). Courts in this district only grant motions for reconsideration when there is: "(1) an intervening change in controlling law; (2) the availability of new evidence; [or] (3) the need to correct clear error or prevent manifest injustice." Id. at 1369. Since the Court finds that Plaintiff's Motion is asking the Court "to rethink what the Court already thought throughrightly or wrongly," instead of correcting some clear or manifest error of law, reconsideration is not appropriate here. Z.K. Marine Inc. v. M/V Archigetis, 808 F. Supp. 1561, 1563 (S.D. Fla. 1992) (cleaned up). For these reasons, Plaintiff's Motion is DISMISSED without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 8/30/2023. (cps)
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Filing 6
MOTION for Leave to Proceed in forma pauperis by Mark Alan Pennington. (pcs)
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Filing 5
MOTION to Alter or Amend Judgment re #4 by Mark Alan Pennington. Responses due by 9/12/2023 (pcs)
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Filing 4
ORDER Dismissing #1 Complaint in Part, Allowing Complaint to Proceed in Part, and Requiring Amended Motion to Proceed In Forma Pauperis: Dismissing Claims against Defendants J. Doe, John Doe #1, John Doe #2, Larkin Community Hospital, Secretary of Florida Department of Corrections, D. Brown and Centurion Health Inc.; Denying without prejudice #3 MOTION for Leave to Proceed in forma pauperis; Requiring Amended Motion to Proceed IFP with Detailed Affidavit ( Motions due by 7/25/2023.), Administratively Closing Case. Signed by Judge Rodolfo A. Ruiz, II on 7/26/2023. See attached document for full details. (ls)
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Civil Case Terminated. Closing Case. (ls)
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Mark Alan Pennington. (jas)
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Filing 2
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. (jas)
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Filing 1
Complaint pursuant to 42 USC 1983 against Haridas Bhadja, D. Brown, Centurion Health Inc., J. Doe, John Doe #1, John Doe #2, S. Jackson, Larkin Community Hospital, J. Louis, L. Santana, S. Scholl, Secretary of Florida Department of Corrections. Filing fee $402.00. IFP Filed, filed by Mark Alan Pennington. (jas)
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