Gagliani v. Floyd County Jail
Plaintiff: Anthony Gagliari and Anthony Gagliani
Defendant: Floyd County Jail and Under Cover Police Officers
Case Number: 4:2021cv00028
Filed: February 5, 2021
Court: US District Court for the Northern District of Georgia
Presiding Judge: Walter E Johnson
Referring Judge: Harold L Murphy
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2021 Opinion or Order Filing 11 ORDER: the Court ADOPTS the Final Report and Recommendation of United States Magistrate Judge Walter E. Johnson #8 , OVERRULES Plaintiff's Objections to the Final Report and Recommendation #10 , and DISMISSES Plaintiff's claims against Defendants WITHOUT PREJUDICE. The Court STAYS any claims that Plaintiff may have against unspecified parties, pending the resolution of Plaintiff's criminal case, and DIRECTS the Clerk to ADMINISTRATIVELY CLOSE this action. The Court ORDERS Plaintiff to file a Motion to Reopen this case within THIRTY (30) DAYS after the conclusion of Plaintiff's criminal case, including any appeals. Signed by Judge Harold L. Murphy on 3/31/21. (bjh)
March 31, 2021 Filing 10 OBJECTIONS to #8 Report and Recommendation filed by Anthony Gagliani. (Attachment: #1 Envelope)(bjh)
March 31, 2021 Clerk's Certificate of Mailing as to Anthony Gagliani re #11 Order on Final Report and Recommendation. (bjh)
March 31, 2021 Submission of #8 FINAL REPORT AND RECOMMENDATION re #1 Complaint, filed by Anthony Gagliani, to District Judge Harold L. Murphy. (bjh)
March 31, 2021 Civil Case Terminated. (bjh)
March 18, 2021 Opinion or Order Filing 9 ORDER for Service of #8 Final Report and Recommendation,, by Magistrate Judge Walter E. Johnson. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Walter E. Johnson on 3/18/21. (klb)
March 18, 2021 Opinion or Order Filing 8 FINAL REPORT AND RECOMMENDATION re #1 Complaint, filed by Anthony Gagliani. the undersigned RECOMMENDS that: (1) plaintiff's claims against defendants be DISMISSED pursuant to 28 U.S.C. 1915A(b)(1); (2) any other claims that plaintiff could bring against unspecified parties be STAYED pending the resolution of plaintiff's criminal case; (3) this action be ADMINISTRATIVELY CLOSED; and (4) the District Court order plaintiff to file a motion to reopen this case within thirty (30) days after the conclusion of his criminal case, including any appeals. The Clerk is DIRECTED to terminate the referral to the undersigned. Signed by Magistrate Judge Walter E. Johnson on 3/18/21. (klb)
March 18, 2021 Clerk's Certificate of Mailing as to Anthony Gagliani re #8 FINAL REPORT AND RECOMMENDATION and #9 Order for Service of Final Report and Recommendation. (klb)
March 16, 2021 Opinion or Order Filing 7 ORDER GRANTING In Forma Pauperis, allowing Plaintiff to proceed IFP, however, Plaintiff is obligated to pay $350.00 as funds are deposited into Inmate account. The Warden or the designee shall collect the monthly payments and remit to Clerk until $350.00 is paid in full. Signed by Magistrate Judge Walter E. Johnson on 3/16/21. (klb)
March 16, 2021 Clerk's Certificate of Mailing as to warden Floyd County Jail re #7 Order. (klb)
March 16, 2021 Clerk's Certificate of Mailing as to Anthony Gagliani re #7 Order. (klb)
March 12, 2021 Filing 6 Affidavit and Authorization for withdrawal from Inmate Account by Anthony Gagliani. (Attachment: #1 Envelope)(bjh)
March 12, 2021 Submission of #6 Affidavit and Authorization for withdrawal from Inmate Account, to Magistrate Judge Walter E. Johnson. (bjh)
March 10, 2021 Opinion or Order Filing 5 ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (dgs) (ADI)
March 10, 2021 Clerk's Certificate of Mailing as to Anthony Gagliani re #5 Notice (Other). (bjh)
February 23, 2021 Opinion or Order Filing 4 ORDER - IT IS THEREFORE ORDERED that plaintiff's Application for Leave to Proceed IFP #2 is DENIED WITHOUT PREJUDICE. The Clerk is DIRECTED to send plaintiff a copy of this Court's form IFP affidavit for prisoners, stamped with the case number for this action. If plaintiff wishes to proceed with this case, he is ORDERED, within THIRTY (30) DAYS from the date of this Order, to complete and return the form IFP affidavit with all required information, signatures, certifications, and attachments. The Clerk is DIRECTED to update the docket sheet to reflect the correct (1) spelling of plaintiff's last name, which is Gagliani, and (2) cause of action, which is 1983 prisoner civil rights. (Forms sent) Signed by Magistrate Judge Walter E. Johnson on 2/23/21. (klb)
February 23, 2021 Clerk's Certificate of Mailing as to Anthony Gagliani re #4 Order and forms sent. (klb)
February 8, 2021 Opinion or Order Filing 3 TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 1/27/21. (bjh)
February 8, 2021 Clerk's Certificate of Mailing as to Anthony Gagliari re #3 Order. (bjh)
February 8, 2021 Submission of #1 Complaint, #2 APPLICATION for Leave to Proceed in forma pauperis,to Magistrate Judge Walter E. Johnson. (bjh)
February 5, 2021 Filing 2 APPLICATION (Letter) for Leave to Proceed in forma pauperis by Anthony Gagliari. (bjh)
February 5, 2021 Filing 1 COMPLAINT filed by Anthony Gagliari. (Attachment: #1 Civil Cover Sheet)(bjh) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.

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Defendant: Floyd County Jail
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Defendant: Under Cover Police Officers
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Plaintiff: Anthony Gagliari
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Plaintiff: Anthony Gagliani
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