Fillmer v. FCR Claims Unit Division of Risk Management, Florida
| John Fillmer |
| FCR Claims Unit Division of Risk Management, Florida and Claims Unit Division of Risk Management, (CAO) Risk Management Division, Manatee County |
| 4:2023cv04183 |
| October 19, 2023 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| P.I.: Other |
| 28 U.S.C. ยง 1346 Tort Claim |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 8 Exhibit regarding #7 Amended Complaint by John Fillmer. (ED) |
| Filing 7 AMENDED COMPLAINT against Claims Unit Division of Risk Management, (CAO) Risk Management Division, Manatee County, filed by John Fillmer. (Attachments: #1 Proposed Summons)(JJK) |
TEXT ORDER entered by Chief Judge Sara Darrow on November 21, 2023. Plaintiff filed an #4 amended Motion to Pen Trace and Trap Electronic Satellite Devices, curing the defects regarding unredacted private information identified in the Court's October 24, 2023 Text Order. Plaintiff claims he is "being stalked, harassed, threatened and intimidated by unwarranted surveillance" by the Manatee County sheriff's department. He states that "[he] need[s] the FBI and the United States Attorney General to enforce an emergency installation of 18 U.S.C.S 3121-3127." Sections 3121-3127 lay out the process that law enforcement and government attorneys must follow when applying for a court order to use a pen register. A "pen register" is "a device or process which records or decodes dialing, routing, addressing, or signaling information... provided... that such information shall not include the contents of any communication." 18 U.S.C. 3127(3). It is well established that "the choice of how to prioritize and how aggressively to pursue legal actions against defendants who violate the law falls within the discretion of the Executive Branch, not within the purview of private plaintiffs." TransUnion LLC v. Ramirez, 141 S. Ct. 2190, 2207 (2021). There is a "judicial reluctance to direct federal prosecutions at the instance of a private party... [which is based in] the separation of powers doctrine." Inmates of Attica Corr. Facility v. Rockefeller, 477 F.2d 375, 379 (2d Cir. 1973). Federal courts have no jurisdiction to "order performance of discretionary, as opposed to ministerial, acts by federal officials" and "[i]nitiation of a criminal investigation by the F.B.I. is clearly a discretionary act." Jafree v. Barber, 689 F.2d 640, 643 (7th Cir. 1982). Because the Court lacks the power to grant the relief sought, Plaintiff's #4 motion is DENIED. (ARR)
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Filing 6
ORDER entered by Chief Judge Sara Darrow on November 16, 2023. Plaintiff John Fillmer's #5 motion for leave to proceed in forma pauperis is GRANTED, and his #1 Complaint is DISMISSED for failure to state a claim under 28 U.S.C. 1915(e)(2)(B)(ii). The Court GRANTS Fillmer leave to file an amended complaint if he can cure the deficiencies identified in this Order. Any amended complaint must be filed by December 18, 2023. Failure to file an amended complaint will result in dismissal of this suit. (AV) (RES).
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| Filing 5 PETITION TO PROCEED IN FORMA PAUPERIS filed by John Fillmer.(ED) |
| Filing 4 Amended Motion to Pen Trace and Trap Electronic Satellite Devices by Plaintiff John Fillmer. Responses due by 11/13/2023. (Attachments: #1 envelope)(ED) |
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TEXT ORDER entered by Chief Judge Sara Darrow on October 24, 2023. Plaintiff filed 3 Motion to Pen Trace and Trap Electronic Satellite Devices on October 23, 2023. The motion fails to comply with Federal Rule of Civil Procedure 5.2(a) and Civil Local Rule 5.11(A) because it contains unredacted private information. Plaintiff was on notice of these privacy rules because he was mailed a copy of the Notice Regarding Privacy Issues on October 19, 2023. The Court therefore STRIKES 3 Motion to Pen Trace and Trap Electronic Satellite Devices and DIRECTS the Clerk to seal the 3 motion. Plaintiff may refile a redacted motion that contains only the last four digits of his social security number, the year of his birth, and the city and state of his address. (ARR)
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| Filing 2 +++ SEALED DOCUMENT - ORIGINAL COMPLAINT UNREDACTED (JJK) |
| Filing 1 COMPLAINT against FCR Claims Unit Division of Risk Management, Florida, filed by John Fillmer.(JJK) |
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