Lawson, Avion v. C. Jarvis et al
| Avion Lawson |
| Martin Correctional Institution, A. Schultheiss, C. Jarvis, J. Mitial, V. Maldonado and K. Wenrich |
| 2:2024cv14332 |
| October 2, 2024 |
| U.S. District Court for the Southern District of Florida |
| Roy K Altman |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 State Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 14 Sworn Affidavit of Fact 1915 Imminent Danger of Serious Physical Injury and Death signed by: Avion Lawson. (ebz) |
Filing 13
PAPERLESS ORDER denying the Plaintiff Avion Lawson's #8 Motion for Leave to Supplement the Complaint and #10 Motion for a Temporary Restraining Order and Preliminary Injunction. We need not let a plaintiff amend his complaint "where amendment would be futile." Bryant v. Dupree, 252 F.3d 1161, 1163 (11th Cir. 2001); see also Hall v. United Ins. Co. of Am., 367 F.3d 1255, 1263 (11th Cir. 2004) ("An amendment is futile when the complaint as amended is still subject to dismissal." (cleaned up)). We dismissed the #1 Complaint with prejudice after finding that Lawson asserted "the very same imminent-danger claims our Court has roundly and repeatedly rejected." Order [ECF No. 7] at 6. Lawson's proposed claims against Officer Jarvis make no difference. Compare Supplemental Complaint [ECF No. 9] at 2 ("Officer Jarvis was there to retaliate as a means to kill [Lawson] in 'cold-blood' because of Lawson engaging in a protected conduct[.]"), with Complaint [ECF No. 1] at 14 ("Because of [Jarvis' intentions of] 'premeditated murder by design'... Lawson is in danger of inevitable reprisal." (cleaned up)), and id. at 7 ("[O]fficer Jarvis... on several occasions promised beating would continue because of Lawson's grievances[.]"). Since amendment would be futile, we'll deny Lawson's #8 Motion to Supplement. We also deny his #10 Motion for a Temporary Restraining Order and Preliminary Injunction. "[I]njunctive relief must relate in some fashion to the relief requested in the complaint." Alabama v. U.S. Army Corps of Eng'rs, 424 F.3d 1117, 1134 (11th Cir. 2005). But since "there is no operative complaint in this case," we "[lack] power to issue preliminary injunctive relief." See Heagney v. Metz, 2022 WL 2402261, at *1 (M.D. Fla. July 3, 2022) (Mizelle, J.) (cleaned up). So, we'll deny Lawson's #10 Motion without prejudice. Signed by Judge Roy K. Altman on 10/18/2024. (gan)
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| Filing 12 MEMORANDUM of Law by Avion Lawson. (ebz) |
| Filing 11 NOTICE OF FILING DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Avion Lawson re #10 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (ebz) |
| Filing 10 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION for Temporary Restraining Order AND MOTION for Preliminary Injunction by Avion Lawson.( Responses due by 11/1/2024.) (ebz) |
| Filing 9 NOTICE of filing Supplemental Complaint Motion Adopting Plaintiff's Original Complaint by Avion Lawson re #8 MOTION for Leave to Supplement Adopting and Referring to Original Complaint re #1 Complaint 42 USC 1983 or Bivens, (ebz) |
| Filing 8 MOTION for Leave to Supplement Adopting and Referring to Original Complaint re #1 Complaint 42 USC 1983 or Bivens, by Avion Lawson. (ebz) |
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Filing 7
ORDER. Avion Lawson's Complaint DE #1 is DISMISSED with prejudice as frivolous, malicious, and an abuse of the judicial process. Motion for Leave to Proceed in forma pauperis DE #3 , Motion for Evidentiary Hearing DE #4 , and Motion for Referral to the Volunteer Attorney Program DE #6 are DENIED as moot. The Clerk shall CLOSE this case. Lawson is ORDERED to explain in writing, by November 14, 2024, why we shouldn't sanction him by restricting his ability to file additional lawsuits in our District. ( Show Cause Response due by 11/14/2024.) Signed by Judge Roy K. Altman on 10/14/2024. See attached document for full details. (ebz)
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| Filing 6 MOTION for Referral to Volunteer Attorney Program by Avion Lawson. (kma) |
| Filing 5 ADMINISTRATIVE & JUDICIAL NOTICE by Avion Lawson (kma) |
| Filing 4 MOTION TO SET LIMITED EVIDENTIARY HEARING GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS by Avion Lawson. (kma) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Avion Lawson. (kma) |
| Filing 2 Judge Assignment to Judge Roy K. Altman (kma) |
| Filing 1 Imminent Danger 1915(g) Complaint pursuant to 42 USC 1983 against A. Schultheiss, C. Jarvis, J. Mitial, K. Wenrich, Martin Correctional Institution, V. Maldonado. Filing fee $ 405.00 (IFP Motion filed), filed by Avion Lawson. (Attachments: #1 Exhibit Grievances and Disciplinary Reports, #2 Summon(s))(kma) |
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