Harris et al v. McMillian
| David L. Harris and Shonda T. Harris |
| Ervin McMillian |
| 2:2023cv14312 |
| October 12, 2023 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 NOTICE of Compliance re #10 Amended Complaint/Amended Notice of Removal, filed by David L. Harris, Shonda T. Harris, #22 Summons Issued, #23 Order. A copy of all documents were placed in the U.S. Marshal's mailbox at the Ft. Lauderdale Clerk's Office. (nan) |
Filing 23
ORDER DIRECTING SERVICE OF PROCESS. The Clerk of Court shall forward certified copies of the summons [ECF No. #22 ] and the Amended Complaint [ECF No. #10 ] to the U.S. Marshal. Upon receiving the certified copies, the U.S. Marshal shall promptly complete service of process and thereafter file proof of service with the Clerk of Court. Signed by Judge Aileen M. Cannon on 11/21/2023. See attached document for full details. (nan)
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| Filing 22 Summons Issued as to Ervin McMillian. (scn) |
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Filing 21
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS. Plaintiff David L. Harris's Motion to Proceed In Forma Pauperis #11 is GRANTED. Plaintiff Shonda T. Harris's Motion to Proceed In Forma Pauperis #12 is GRANTED. Plaintiffs need not prepay a filing fee in this case. Signed by Judge Aileen M. Cannon on 11/13/2023. See attached document for full details. (ebz)
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Filing 20
ORDER GRANTING MOTION FOR REFERRAL TO VOLUNTEER ATTORNEY PROGRAM. Shonda T. Harris's Motion for Referral to the Volunteer Attorney Program #15 is GRANTED. Plaintiff David L. Harris's Motion for Referral to the Volunteer Attorney Program #16 is GRANTED. Signed by Judge Aileen M. Cannon on 11/13/2023. See attached document for full details. (ebz)
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| Filing 19 PAPERLESS ORDER: The Court is in receipt of Plaintiffs' Consent to Proceed Before a United States Magistrate Judge forms #17 #18 . To signify their consent to proceed before a United States magistrate judge, "the parties must jointly or separately file a statement consenting to the referral." Fed. R. Civ. P. 73(b)(1). Defendant has not been served in this case, nor is her signature included on either consent form #17 #18 . Signed by Aileen M. Cannon on 11/13/2023. (jf01) |
| Filing 18 Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge. Filed by Shonda T. Harris. (ebz) |
| Filing 17 Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge. Filed by David L. Harris. (ebz) |
| Filing 16 MOTION for Referral to Volunteer Attorney Program by David L. Harris. (ebz) |
| Filing 15 MOTION for Referral to Volunteer Attorney Program by Shonda T. Harris. (ebz) |
| Filing 14 Consent by Pro Se Litigant (Non-Prisoner) Shonda T. Harris to receive Notices of Electronic Filing at email address: Sportyblack15@gmail.com (ebz) |
| Filing 13 Consent by Pro Se Litigant (Non-Prisoner) David L. Harris to receive Notices of Electronic Filing at email address: Sportyblack15@gmail.com (ebz) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis by Shonda T. Harris. (ebz) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by David L. Harris. (ebz) |
| Filing 10 AMENDED COMPLAINT FOR VIOLATION OF CIVIL RIGHTS against Ervin McMillian, filed by David L. Harris, Shonda T. Harris. (Attachments: #1 Affidavit, #2 Affidavit, #3 Summon(s))(ebz) (Additional attachment(s) added on 11/9/2023: #4 Civil Cover Sheet) (ebz). |
| Filing 9 NOTICE of Compliance re #8 , A copy of the Order, DE#8 was mailed to the Movant. (nan) |
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Filing 8
ORDER SCREENING AND DISMISSING COMPLAINT AND PERMITTING REPLEADING. Upon review, the Complaint is DISMISSED WITHOUT PREJUDICE for failure to comply with the applicable pleading standards. Plaintiffs shall have one final opportunity to replead no later than November 13, 2023. (Amended Complaint due by 11/13/2023.) The Complaint [ECF No. 1] is DISMISSED WITHOUT PREJUDICE. Plaintiffs will have one final opportunity to file an Amended Complaint consistent with this Order, but Plaintiff must do so no later than November 13, 2023. The amended pleading must separate each cause of action or claim for relief into a separate count. Furthermore, any amended complaint must clearly set forth the factual allegations supporting each claim for relief; must clearly explain what Defendant did in reference to each claim, providing supporting facts to show why Defendant is being sued; must identify the legal basis underlying each count asserted and why Plaintiff is entitled to relief on each count asserted; and must separate each cause of action or claim for relief into a different count. Plaintiffs' Motions to Proceed In Forma Pauperis [ECF Nos. #3 , #4 ] are DENIED WITHOUT PREJUDICE. Plaintiffs may file renewed Motions to Proceed In Forma Pauperis upon the filing of any compliant amended complaint. The Clerk SHALL MAIL a copy of this Order to Plaintiffs at the below address. Plaintiffs also are advised that Plaintiffs attempt to consent to electronic filing was deficient because Plaintiffs did not certify and agree to all of the necessary conditions in the required form [ECF Nos. #6 , #7 ]. Accordingly, on or before November 13, 2023, Plaintiffs shall complete and file with the Court the Consent by Pro Se Litigant (Non-Prisoner) to receive NEFs form, which can be found at https://www.flsd.uscourts.gov/forms/all-forms. Signed by Judge Aileen M. Cannon on 10/16/2023. See attached document for full details. (nan)
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| Filing 7 CLERK'S NOTICE re #6 Consent by Pro Se Litigant (Non-Prisoner) to receive Notices of Electronic Filing. Email address NOT added. Filer did not certify and agree to ALL of the conditions set forth in the attached document. (bb) |
| Filing 6 Consent by Pro Se Litigant (Non-Prisoner) David L. Harris to receive Notices of Electronic Filing at email address: Sportyblack15@gmail.com (ebz) |
| Filing 5 Clerk's Notice to Filer re: Summons will not be issued. The motion to proceed in forma pauperis is pending. (wce) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Shonda T. Harris. (wce) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by David L. Harris. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe 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. (wce) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Ervin McMillian. Filing fee $ 402.00. IFP Filed, filed by David L. Harris, Shonda T. Harris. (Attachments: #1 Exhibits, #2 Civil Cover Sheet, #3 Summon(s))(wce) |
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