Toth v. Antonacci et al
| John A. Toth |
| Lawonda W Athouriste, T Fucci, Mary C Bain, Kelly V Landers, William P. Dimitrouleas, Peter Antonacci, Paul Matthews, Laura Fisher, Anthony Johnson, Jack S Cox, SECRETARY, FDC JULIE L JONES, John R Burton, Judge Stephen A. Rapp, Robert M. Gross, David Aronberg, Matthew S Turpin, Pamela Jo Bondi, Deputy Oetinger, Jeffrey T Kuntz, Spencer D Levine, U.S. Magistrate Patrick A. White, Burton C. Conner, Paul Cunningham, Laura Johnson-Sellers, Matthew Steven Ocksrider, Paul Patti and J J Klingensmith |
| 9:2018cv81260 |
| September 17, 2018 |
| US District Court for the Southern District of Florida |
| William P Dimitrouleas |
| Patrick A White |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on November 2, 2018. A more recent docket listing may be available from PACER.
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Filing 28
PAPERLESS ORDER denying #27 Motion to Appoint Counsel. Prisoners raising civil rights claims, like other civil litigants, have no absolute constitutional right to counsel. See Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987) (prisoner's section 1983 action). Appointment of counsel in civil cases is, rather, a privilege "justified only by exceptional circumstances," such as the presence of "facts and legal issues [which] are so novel or complex as to require the assistance of a trained practitioner." Id. Where the facts and issues are simple, he or she usually will not need such help. Kilgo v. Ricks, 983 F.2d 189(11th Cir. 1993)Should circumstances change, the Court may decide to appoint counsel at a later date. However, at this early juncture, it is not clear that Plaintiffs case consists of novel facts or complex legal issues; hence, it is not necessary to appoint counsel. Plaintiffs Motion for Appointment of Counsel is, therefore, DENIED without prejudice. Signed by Magistrate Judge Patrick A. White on 11/2/2018. (ltl)
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| Filing 27 MOTION to Appoint Counsel pursuant to 28USC 1915 by John A. Toth. Responses due by 11/16/2018 (lk) |
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Filing 26
ORDER denying #24 Motion to Compel. Signed by Magistrate Judge Patrick A. White on 11/1/2018. See attached document for full details. (lr)
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Filing 25
ORDER denying #23 Motion for Recusal. Signed by Magistrate Judge Patrick A. White on 11/1/2018. See attached document for full details. (lr)
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| Filing 24 MOTION to Compel Discovery pursuant to FED.R.Civ.P.26. Responses due by 11/15/2018 (lk) |
| Filing 23 MOTION for Recusal of Judges assigned to case by John A. Toth. (lk) |
| Filing 22 NOTICE of Coversheet error pursuant to U.S. District Court, SDFL, Local Rule 3.3 by John A. Toth (lk) |
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Filing 21
ORDER granting #20 Motion for Leave to Proceed in forma pauperis. Plaintiff to Proceed without Prepayment of Filing Fee but Establishing Debt to Clerk of $350.00. Granting to the extent that the plaintiff need not prepay even a partial filing fee in this case, or to prepay costs such as for service of process. USM Service NOT Ordered. Signed by Magistrate Judge Patrick A. White on 10/18/2018. See attached document for full details. (fbn)
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| Filing 20 MOTION for Leave to Proceed in forma pauperis by John A. Toth. (lk) |
| Filing 19 AMENDED ORIGINAL COMPLAINT against Peter Antonacci, Lawonda W Athouriste, Mary C Bain, Paul Cunningham, Anthony Johnson, Kelly V Landers, Paul Matthews, Stephen A. Rapp, Matthew S Turpin, filed by John A. Toth.(lk) |
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Filing 18
ORDER denying #12 Plaintiff's Motion for Leave to File in Excess of the Page Limitations. Signed by Magistrate Judge Patrick A. White on 10/11/2018. See attached document for full details. (fbn)
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| Filing 17 Clerks Notice of Docket Correction. Document 16 Restricted Due to Error; The correct document has been attached to this notice. (fbn) |
| Set/Reset Deadlines/Hearings as per DE 15 : Amended Pleadings due by 10/30/2018. (lk) |
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Filing 15
PAPERLESS ORDER granting #13 Motion for Extension of Time to Amend. Plaintiff's amended complaint is due on or before October 30, 2018. Signed by Magistrate Judge Patrick A. White on 10/10/2018. (ltl)
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| Filing 14 NOTICE LETTER of Request for copy of Local Rules In Re: 42 USC 1983 by John A. Toth re #5 Order Striking,,, Set/Reset Deadlines,, (lk) |
| Filing 13 MOTION for Extension of Time to file Amended 42 USC 1983 Complaint by John A. Toth. Responses due by 10/24/2018 (lk) |
| Filing 12 MOTION for Leave to exceed page limit for 42 USC 1983 Complaint by John A. Toth. (lk) |
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Filing 11
ORDER STRIKING #9 Certificate of Interested Parties/Corporate Disclosure Statement filed by John A. Toth. Signed by Magistrate Judge Patrick A. White on 9/27/2018. See attached document for full details. (fbn)
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Filing 10
ORDER denying #8 MOTION FOR ORDER OF SERVICE. Signed by Magistrate Judge Patrick A. White on 9/27/2018. See attached document for full details. (fbn)
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| Filing 9 STRICKEN PER DE#11 Certificate of Interested Parties/Corporate Disclosure Statement by John A. Toth (lk) Modified on 9/27/2018 (fbn). |
| Filing 8 MOTION for Order of Service of Summons by Court pursuant to 42:1983 Complaint by John A. Toth. (lk) |
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Filing 7
PAPERLESS ORDER denying #3 Motion for Leave to Proceed in forma pauperis. For the reasons set forth in this Court's Order DE#6, Plaintiff's motion is hereby DENIED without prejudice. Signed by Magistrate Judge Patrick A. White on 9/20/2018. (ltl)
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Filing 6
ORDER REQUIRING PAYMENT OF FILING FEE OR FILING OF MOTION TO PROCEED IFP WITH DETAILED AFFIDAVIT. Filing Fee due by 10/15/2018. Motions due by 10/15/2018. Signed by Magistrate Judge Patrick A. White on 9/19/2018. See attached document for full details. (Attachments: #1 IFP Form) (fbn)
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Filing 5
ORDER STRIKING #1 Complaint 42 USC 1983 or Bivens,, filed by John A. Toth. On or before October 15, 2018, the plaintiff shall file an amended complaint providing a short and plain statement of a claim, a basis for federal jurisdiction, and a demand for judgment. The plaintiff shall be provided a form complaint for use. ( Amended Complaint due by 10/15/2018 ) Signed by Magistrate Judge Patrick A. White on 9/19/2018. See attached document for full details. (Attachments: #1 1983 Complaint Form) (fbn)
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Filing 4
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Magistrate Judge Patrick A. White on 9/19/2018. See attached document for full details. (fbn)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by John A. Toth. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (mee) |
| Filing 1 STRICKEN PER DE#5 Complaint pursuant to 42 USC 1983 against Peter Antonacci, David Aronberg, Lawonda W Athouriste, Mary C Bain, Pamela Jo Bondi, John R Burton, Burton C. Conner, Jack S Cox, Paul Cunningham, William P. Dimitrouleas, Laura Fisher, T Fucci, Robert M. Gross, JULIE L JONES, Anthony Johnson, Laura Johnson-Sellers, J J Klingensmith, Jeffrey T Kuntz, Kelly V Landers, Spencer D Levine, Paul Matthews, Matthew Steven Ocksrider, Deputy Oetinger, Paul Patti, Stephen A. Rapp, Matthew S Turpin, Patrick A. White. Filing fee $ 350.00. IFP Filed, filed by John A. Toth. (Attachments: #1 Appendix)(mee) Modified on 9/20/2018 (fbn). |
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