Doherty v. Major Petri Hayze et al
| Keith Robert Doherty |
| Major Hayze, Major Petri Hayze, Doe Burrows, John Doe, St. Lucie County, Wellspath Medical Provider, St Lucie County Jail Medical Director and Doe Phillips |
| 2:2023cv14395 |
| December 12, 2023 |
| U.S. District Court for the Southern District of Florida |
| Roy K Altman |
| Mandamus & Other |
| 28 U.S.C. ยง 1361 Petition for Writ of Mandamus |
| None |
Docket Report
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| Filing 13 NOTICE of Compliance: per Order at DE #11 , the Clerk has prepared a packet for the Marshall's to service Defendants: Deputy Burrows and Sergeant Phillips. The Packet was prepared and placed in the Marshall's box in Fort Pierce. (wce) |
| Filing 12 Summons Issued as to Doe Burrows, and Doe Phillips per Order at DE #11 . (Attachments: #1 Summons)(wce) |
Filing 11
ORDER: re #5 Amended Complaint filed by Keith Robert Doherty. Accordingly, we INSTRUCT the Clerk's Office to process and send the summonses to the U.S. Marshal for service. Upon receipt of the Amended Complaint and summonses, the United States Marshal SHALL promptly complete serviceby serving the Amended Complaint [ECF No. #5 ], the Screening Order [ECF No. #7 ], this Order, and a copy of the docket sheeton the following Defendants: Deputy Burrows and Sergeant Phillips. The Marshal SHALL immediately file proof of service with the Clerk of Court. Signed by Judge Roy K. Altman on 1/23/2024. See attached document for full details. (wce)
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Filing 10
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Judge Roy K. Altman on 1/23/2024. See attached document for full details. (wce)
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| Filing 9 NOTICE of Compliance per Order at DE #7 , The Clerk has sent a copy of the Order to the St. Lucie County Jail's Inmate Trust Fund Department, at the address on the Order, and this Court's Financial Department, at DE 8 . (wce) |
| Filing 8 CLERK'S NOTICE Per Order at DE #7 , Additional Notice of Electronic Filing (NEF) sent to Financial Clerk. (wce) |
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Filing 7
ORDER: The Plaintiff's amended motion to proceed in forma pauperis [ECF No. #6 ] is GRANTED. The Plaintiff shall owe the United States $350.00, which the Plaintiff must pay to the Clerk of Court as funds become available. Doherty's claims against Dr. John Doe and the two Nurse Jane Does are DISMISSED without prejudice. Doherty's remaining claims are DISMISSED with prejudice for failure to state a claim upon which relief may be granted. See 28 U.S.C. 1915A(b). The Clerk shall TERMINATE St. Lucie County, Major Hayze, Wellpath, Dr. John Doe, the two Nurse Jane Does, and Adam Sterlace from this action. The Clerk SHALL send a copy of this Order to the St. Lucie County Jail's Inmate Trust Fund Department and this Court's Financial Department. This case shall remain CLOSED. Any party may move to reopen the case once all remaining Defendants have been served. Signed by Judge Roy K. Altman on 1/23/2024. See attached document for full details. (wce)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis by Keith Robert Doherty. (wce) |
| Filing 5 AMENDED COMPLAINT against Doe Burrows, John Doe, Major Petri Hayze, and St. Lucie County, filed by Keith Robert Doherty.(wce) |
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Filing 4
ORDER TO AMEND. By January 17, 2024, the Plaintiff must file an amended complaint. Doherty's request for mandamus relief, and his claims against St. Lucie County and the St. Lucie County Detention Center, are DISMISSED with prejudice. The Plaintiff's IFP Motion [ECF No. #3 ] is DENIED without prejudice. The Plaintiff shall file a new IFP motion (attaching the six-month account statement) or pay the filing fee by January 17, 2024. The Clerk's Office shall administratively CLOSE this case. Signed by Judge Roy K. Altman on 12/19/2023. See attached document for full details. (Attachments: #1 Exhibit Complaint for Violation of Civil Rights (Prisoner) Form, #2 Exhibit IFP Form) (cps)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Keith Robert Doherty. (kma) |
| Filing 2 Judge Assignment to Judge Roy K. Altman (kma) |
| Filing 1 Petition (Complaint) for Writ of Mandamus against Major Hayze. Filing fee $ 405.00 (IFP Motion filed), filed by Keith Robert Doherty. (Attachments: #1 Civil Cover Sheet, #2 Certification of Emergency, #3 Exhibit)(kma) |
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