Griffin v. Budensiek et al
| Theodore Keith Griffin |
| Sheriff John Michael Budensiek, EDWARD L. BROCHU, NICKOLAS CASTORO, Daniel Cunningham, Daniel Foote, Brandon Greis and Martin County |
| 2:2025cv14113 |
| April 9, 2025 |
| U.S. District Court for the Southern District of Florida |
| Aileen M Cannon |
| Shaniek Mills Maynard |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on September 15, 2025. A more recent docket listing may be available from PACER.
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| Filing 33 PLAINTIFF OBJECTIONS TO DE #10 ORDER GRANTING ORDER IN PART DEFENDANTS MOTION TO DISMISS by Theodore Keith Griffin. (Attachments: #1 Exhibit) (cwc) |
| Filing 32 NOTICE. Exhibits filed by Theodore Keith Griffin re DE #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Complaint (cwc) |
| Filing 31 Clerk's NOTICE of Compliance re DE #30 Order on Motion for Leave to File. Copy of Order DE #30 mailed to Plaintiff at Martin County Jail and docketing notice confirming same. (cwc) |
Filing 30
ORDER granting DE #26 Motion for Leave to File. Responses due by 9/25/2025. Signed by Magistrate Judge Shaniek Mills Maynard on 9/11/2025. See attached document for full details. (cwc)
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| Filing 29 Notice of Court Action by USCA: After review of the district court docket entries, it appears that the notice of appeal was filed before the disposition of a filing that is properly construed as a timely tolling motion. See FRAP 4(a)(4)(A); Finch v. City of Vernon, 845 F.2d 256, 258 59 (11th Cir. 1988) (providing that any post judgment motion that is timely and "calls into question the correctness of [the] judgment" is deemed a tolling motion regardless of how it is formally styled). The notice of appeal becomes effective when the order disposing of the motion is entered, and the district court retains jurisdiction to rule on the timely tolling motion. See FRAP 4(a)(4). All appeal deadlines are suspended pending the district court's entry of an order disposing of the motion. Upon entry of the district court's order, the time to take required action will begin to run anew without further notice re #24 Motion. USCA #25-12714-F. (apz) |
| Filing 26 Plaintiff's MOTION for Leave of the Court to File Reply to DE #21 Defendant's Motion for Sanctions and Affidavit of Andrew W. Jolly by Theodore Keith Griffin. (cwc) |
| Filing 28 PLAINTIFF'S RENEWED MOTION for Leave to Appeal in forma pauperis by Theodore Keith Griffin. (apz) |
| Filing 27 MOTION to Reconsider Application to Proceed in forma pauperis in Appeal re #19 Order on Motion for Leave to Appeal in forma pauperis by Theodore Keith Griffin. (apz) |
| Filing 25 RESPONSE to Motion re #24 MOTION to Set Aside Judgment MOTION to Remand to State Court filed by EDWARD L. BROCHU, John Michael Budensiek, NICKOLAS CASTORO, Daniel Cunningham, Daniel Foote, Brandon Greis, Martin County. Replies due by 9/9/2025. (Jolly, Andrew) |
| Filing 24 MOTION to Set Aside Judgment for Irregularity, MOTION to Remand to State Court by Theodore Keith Griffin. (amb) |
| Filing 23 TRANSCRIPT ORDER FORM filed by Theodore Keith Griffin re #15 Notice of Appeal, filed by Theodore Keith Griffin. No Transcript Requested. (apz) |
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Filing 22
PAPERLESS ORDER: Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, Defendants' Motion for Sanctions #21 is hereby REFERRED to Magistrate Judge Shaniek M. Maynard for a Report and Recommendation. Signed by Judge Aileen M. Cannon on 8/14/2025. (bbk)
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| Filing 21 MOTION for Sanctions by EDWARD L. BROCHU, John Michael Budensiek, NICKOLAS CASTORO, Daniel Cunningham, Daniel Foote, Brandon Greis, Martin County. (Attachments: #1 Exhibit A-Affidavit and Billing Report, #2 Exhibit B-Plaintiff's Signature)(Jolly, Andrew) |
| Filing 20 NOTICE of Compliance re #19 Order on Motion for Leave to Appeal in forma pauperis. A copy of the order has been mailed to Theodore Keith Griffin to address of record. (apz) |
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Filing 19
ORDER Denying Without Prejudice #16 Motion to Appeal in Forma Pauperis. Signed by Judge Aileen M. Cannon on 8/8/2025. See attached document for full details. (apz)
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| Filing 18 Acknowledgment of Receipt of NOA from USCA re #15 Notice of Appeal, filed by Theodore Keith Griffin. Date received by USCA: 8/7/2025. USCA Case Number: 25-12714-F. (apz) |
| Filing 17 CLERK'S NOTICE of Mailing Pro Se Instruction to Theodore Keith Griffin re #15 Notice of Appeal. (apz) |
| Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re #15 Notice of Appeal, Notice has been electronically mailed. (apz) |
| Filing 16 MOTION for Leave to Appeal in forma pauperis by Theodore Keith Griffin. (apz) |
| Filing 15 Notice of Appeal re #10 Order Dismissing/Closing Case, by Theodore Keith Griffin. IFP Filed. 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) Modified text on 8/7/2025 (apz). |
| Filing 14 Clerk's NOTICE of Compliance re DE #13 Order Striking. Copy of Order DE #13 mailed to Plaintiff at Martin County Jail and Notice of Compliance docketed to case confirming same. (cwc) |
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Filing 13
ORDER STRIKING DE #12 Petition for Writ of Habeas Corpus against John Michael Budensiek filed by Theodore Keith Griffin Signed by Judge Aileen M. Cannon on 7/29/2025. See attached document for full details. (cwc)
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| Filing 12 STRICKEN Petition for Writ of Habeas Corpus against John Michael Budensiek filed by Theodore Keith Griffin. (Attachments: #1 Exhibit)(cwc) Per DE #13 Modified Text on 7/30/2025 (cwc). |
| Filing 11 Clerk's NOTICE of Compliance re DE #10 ORDER GRANTING IN PART DEFENDANTS' MOTION TO DISMISS. Copy of Order DE #10 has been mailed to the Plaintiff at Martin County Jail. Notice of Compliance docketed to the case. (cwc) |
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Filing 10
ORDER GRANTING IN PART DEFENDANTS' MOTION TO DISMISS. The Clerk is directed to CLOSE this case. All currently pending motions are DENIED AS MOOT. Signed by Judge Aileen M. Cannon on 7/3/2025. See attached document for full details. (cwc)
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| Filing 9 NOTICE of Inquiry of filings received on case by Theodore Keith Griffin. Copy of Docket Sheet mailed to Plaintiff at Martin County Jail. (cwc) |
| Filing 8 PETITION for Redress of Grievance, Motion for Order Directing Sheriff and His Deputies to Provide Florida Legal Material and Copies to Pro Se Litigant by Theodore Keith Griffin. (kpe) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Complaint by John Michael Budensiek, EDWARD L. BROCHU, NICKOLAS CASTORO, Daniel Cunningham, Daniel Foote, Brandon Greis, Martin County. Responses due by 6/2/2025. (Attachments: #1 Exhibit A- Plaintiff's Related Criminal Case)(Jolly, Andrew) |
| Filing 6 Plaintiff Griffin's Addendum to Response of Defendant's Motion to Dismiss and or Sanctions DE #3 filed by Theodore Keith Griffin. Replies due by 5/13/2025. (cwc) |
| Filing 5 RESPONSE to Motion re #3 Defendant's MOTION to Dismiss with Prejudice and for Sanctions filed by Theodore Keith Griffin. Replies due by 5/5/2025. (ksr) |
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Filing 4
ORDER CONSOLIDATING CASES AND DENYING PENDING MOTION WITHOUT PREJUDICE re #3 Motion to Dismiss. Defendant's Motion to Dismiss in Case No. 25-14113 DE #3 is DENIED WITHOUT PREJUDICE, to be refiled in accordance with the Order Requiring Combined Responses DE 10 . Signed by Judge Aileen M. Cannon on 4/25/2025. See attached document for full details. (ebz)
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| Cases associated. (ebz) |
| Filing 3 Defendant's MOTION to Dismiss with Prejudice and for Sanctions by John Michael Budensiek, EDWARD L. BROCHU, NICKOLAS CASTORO, Daniel Cunningham, Daniel Foote, Brandon Greis, Martin County. Responses due by 4/24/2025. (Attachments: #1 Exhibit Probable Cause Affidavit)(Jolly, Andrew) |
| 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 Shaniek M. Maynard 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. (pc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Civil Rights Complaint) Filing fee $ 405.00 receipt number AFLSDC-18353055, filed by Daniel Foote, EDWARD L. BROCHU, Brandon Greis, John Michael Budensiek, Martin County, NICKOLAS CASTORO, Daniel Cunningham. (Attachments: #1 Exhibit A-Docket Sheet 2024-CA-1164, #2 Exhibit B-Cover Sheet)(Jolly, Andrew) (Complaint see pg.7 of Exh.A, Motion to Dismiss see pg.69 of Exh.A, no Answer filed) . Modified text on 4/9/2025 (pc). |
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