Rodriguez Cruz v. The 16th Judicial Circuit Court et al
| Francisco Rodriguez Cruz |
| The 16th Judicial Circuit Court and Jimmy Morgan |
| 4:2020cv10122 |
| October 27, 2020 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 17 MOTION to Challenge the Edict Prohibiting That an Innocent Until Proven Detainer Wear Proper Clothing by Francisco Rodriguez Cruz. (kpe) |
| Filing 16 MOTION to Introduce a Habeas Corpus "ad faciendum et recipiendum" by Francisco Rodriguez Cruz. (kpe) |
Filing 15
PAPERLESS ORDER denying #14 the Plaintiff's Motion as untimely. See Fed. R. Civ. P. 59(e). Signed by Judge Roy K. Altman (bca) Modified text/status per Chambers on 12/16/2020 (sk).
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| Filing 14 Rule 59e Motion by Francisco Rodriguez Cruz. Responses due by 12/29/2020. (kpe) |
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Filing 13
PAPERLESS ORDER striking #11 letter. The Plaintiff was informed not to "send letters to the Court or to the Clerk of the Court" because the Federal Rules of Civil Procedure require him to file a motion if he seeks relief. See [ECF No. #4 ] at 3-4. Because the Plaintiff has ignored the Court's unambiguous instructions, the letter is STRICKEN. Signed by Judge Roy K. Altman (bca)
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Filing 12
PAPERLESS ORDER denying #9 a letter the Court (very generously) construes as a motion for reconsideration under Fed. R. Civ. P. 59(e). In it, the Plaintiff "challenge[s] the constitutionality of the suspension of speedy and public trials." Id. The letter contains no other factual averments or legal citations of any kind. "The only grounds for granting a Rule 59 motion are newly-discovered evidence or manifest errors of law or fact." Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007) (cleaned up). Thus, parties "cannot use a Rule 59(e) motion to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment." Michael Linet, Inc. v. Vill. of Wellington, Fla., 408 F.3d 757, 763 (11th Cir. 2005). In his Complaint [ECF No. #1 ], the Plaintiff had already challenged the state court's (alleged) violation of his speedy-trial rights, id. at 2. In its Order dismissing the Complaint, the Court characterized his argument on this issue as "plainly insufficient to state a viable claim." [ECF No. #6 ] at 3. In short, even construing the Plaintiffs letter as a proper legal filing, the Plaintiff cannot meet his burden under Rule 59. See Stone v. Wall, 135 F.3d 1438, 1442 (11th Cir. 1998) ("The purpose of a Rule 59(e) motion is not to raise an argument that was previously available, but not pressed."). Signed by Judge Roy K. Altman (bca)
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| Filing 11 STRICKEN Letter to the Court re Judges from Francisco Rodriguez Cruz. (kpe) Modified on 11/18/2020 per DE 13 Order (kpe). |
| Filing 10 NOTICE of Filing Challenging the Constitutionality of the Suspension of Speedy and Public Trial by Francisco Rodriguez Cruz. (kpe) |
| Filing 9 NOTICE of Filing Challenging the Constitutionality of the Suspension of Speedy and Public Trial by Francisco Rodriguez Cruz. (kpe) |
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Filing 8
PAPERLESS ORDER denying as moot. See [ECF Nos. #5 , #6 ]. Signed by Judge Roy K. Altman (bca)
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| Filing 7 MOTION for Leave to Proceed in forma pauperis by Francisco Rodriguez Cruz. (Attachments: #1 Exhibit)(kpe) |
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Filing 6
ORDER DISMISSING CASE. The case is DISMISSED without prejudice. The Clerk of Court shall CLOSE this case. Any pending motions are DENIED as moot. All deadlines are TERMINATED. Pursuant to FED. R. EVID. 201, the Court takes judicial notice of the following facts: (1) the Monroe County state-court docket in Case No. 19-CF-000434 as of October 30, 2020; and (2) the Monroe County state-court docket in Case No. 20-CF-000217 as of October 30, 2020. The Clerk shall MAKE these documents a part of the record in this case. Signed by Judge Roy K. Altman on 10/30/2020. See attached document for full details. (Attachments: #1 Monroe County state-court docket in Case No. 19-CF-000434 as of October 30, 2020, #2 Monroe County state-court docket in Case No. 20-CF-000217 as of October 30, 2020) (daa)
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Filing 5
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. The Plaintiff shall owe the United States $350.00, which the Plaintiff must pay to the Clerk of Court as funds become available. To effectuate these payments, the agency with custody over the Plaintiff must forward these payments from the Plaintiff's prisoner account to the Clerk of Court anytime the account balance exceeds $10.00. That agency shall continue to make these payments until the Plaintiff has paid the filing fees in full. USM Service NOT Ordered. Signed by Judge Roy K. Altman on 10/28/2020. See attached document for full details. (daa)
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Filing 4
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Judge Roy K. Altman on 10/28/2020. See attached document for full details. (daa)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Francisco Rodriguez Cruz. (daa) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman. (daa) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Jimmy Morgan, The 16th Judicial Circuit Court. Filing fee $ 400.00. IFP Filed, filed by Francisco Rodriguez Cruz. (Attachments: #1 Exhibits)(daa) |
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