Behr v. Ticktin
| Louis H. Behr |
| Judge Jessica Ticktin |
| 9:2019cv80722 |
| June 3, 2019 |
| US District Court for the Southern District of Florida |
| Bruce E Reinhart |
| Robin L Rosenberg |
| Racketeer/Corrupt Organization |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 17, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 Acknowledgment of Receipt of NOA from USCA re #6 Notice of Appeal, filed by Louis H. Behr. Date received by USCA: 6/13/2019. USCA Case Number: 19-12275-F. (apz) |
Filing 9
PAPERLESS ORDER denying Plaintiff's #7 Motion to Appeal in Forma Pauperis. Pursuant to 28 U.S.C. section 1915(a)(3), an appeal may not be taken in forma pauperis if a trial court certifies that an appeal is not taken in good faith. Here, Plaintiff's appeal is not taken in good faith. The Court dismissed Plaintiff's claims against Judge Ticktin with prejudice because Plaintiffs claims for relief are either precluded by the doctrine of absolute judicial immunity or are outside the bounds of this Court's authority. The Court explained the basis for that dismissal to Plaintiff at docket entry 5. See, e.g., Pierson v. Ray, 386 U.S. 547, 553 (1967) ("Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial discretion."). See also Haggard v. State of Tenn., 421 F.2d 1384, 1386 (6th Cir. 1970) ("[F]ederal courts have no authority to issue writs of mandamus to direct state courts or their judicial officers in the performance of their duties."). Furthermore, the Court has previously informed Plaintiff that he cannot pursue his claims against state judicial officers in federal court in a related case. See "Order Dismissing and Closing Case," dated May 18, 2018, at DE 6 in Case No. 9:19-cv-80722-RLR. Plaintiff's Motion to Appeal in Forma Pauperis was denied in that case as well. See "Paperless Order denying Plaintiff's Motion to Appeal in Forma Pauperis," dated June 11, 2018, at DE 21 in Case No. 9:19-cv-80722-RLR. That Order was affirmed by the Court of Appeals for the Eleventh Circuit. See Eleventh Circuit Case No. 18-12466, Order dated August 23, 2018 (declaring the Plaintiff's appeal "frivolous"). Accordingly, Plaintiff's Motion to Appeal in Forma Pauperis is denied, as his appeal is not taken in good faith. Signed by Judge Robin L. Rosenberg on 6/14/2019. (kbs)
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| Filing 8 TRANSCRIPT INFORMATION FORM by Louis H. Behr re #6 Notice of Appeal. No Transcript Requested. (apz) |
| Filing 7 MOTION for Leave to Appeal in forma pauperis by Louis H. Behr. (apz) |
| Filing 6 Notice of Appeal as to #5 Order Dismissing Case, by Louis H. Behr. 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 Transcript Information. (apz) |
| Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #6 Notice of Appeal, Notice has been electronically mailed. (apz) |
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Filing 5
ORDER DISMISSING AND CLOSING CASE. Plaintiff's Motion for In Forma Pauperis Status DE #3 is GRANTED. Plaintiff's Complaint DE #1 is DISMISSED WITH PREJUDICE. The Clerk of the Court shall CLOSE THIS CASE. Signed by Judge Robin L. Rosenberg on 6/7/2019. See attached document for full details. (kpe)
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| Filing 4 APPENDIX for #1 Complaint 42 USC 1983, by Louis H. Behr. (Attachments: #1 Appendix 2, #2 Appendix 2a, #3 Appendix 2b, #4 Appendix 2c, #5 Appendix 2d, #6 Appendix 2e, #7 Appendix 2f, #8 Appendix 2g, #9 Appendix 2h, #10 Appendix 2i, #11 Appendix 2j, #12 Appendix 3, #13 Appendix 4, #14 Appendix 5, #15 Appendix 6)(ar2) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Louis H. Behr. (ar2) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Bruce E. Reinhart. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ar2) |
| Filing 1 Complaint pursuant to 42 USC 1983, Request Court Appointed Lawyer and Jury Demand Pursuant to Rule 7, 8 and 15 against Fifteenth District Unified Family Court Jurist. Filing fee $ 400.00. IFP Filed, filed by Louis H. Behr. (Attachments: #1 Civil Cover Sheet)(ar2) |
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| Plaintiff: Louis H. Behr | |
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