Case Details

CourtSouthern District of Florida
Docket number1:11-cv-20965
Date case filed2011-03-21
Date case closed2013-02-28
Date of latest filing
Assigned toJudge Patricia A. Seitz
Case cause42:1983 State Prisoner Civil Rights
Nature of suit550 Prisoner: Civil Rights
Jury demandDefendant
Demand
JurisdictionFederal Question

Case Parties

Party: Perry Keith Martin
Party type: Plaintiff
Attorney name: Perry Keith Martin
Attorney Contact:
747017
5244 N.W. 54th Street
Coconut Creek, FL 33073
PRO SE


Attorney name: Devin Sean Radkay
Attorney Contact:
Gunster Yoakley & Stewart
777 S Flagler Drive
Suite 500 E
West Palm Beach, FL 33401
561-655-1980
Fax: 561-655-5677
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Raymond V. Miller
Attorney Contact:
Gunster Yoakley & Stewart
1 Biscayne Tower
2 S Biscayne Boulevard
Suite 3400
Miami, FL 33131-1897
305-376-6048
Fax: 376-6010
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Secretary of Florida Department of Corrections
Party type: Defendant
Walter McNeal
Party: Dade Correctional Institution
Party type: Defendant
William Churchwell, Warden
Party: Schweinsburg
Party type: Defendant
Correctional Officer, Major, at Big Pine Key Road Prison
Party: Birge
Party type: Defendant
Correctional Officer, Lieutenant, at Big Pine Key Road Prison
Party: Kirk
Party type: Defendant
Correctional Officer, Sergeant, at Big Pine Key Road Prison
Attorney name: Monica Galindo Stinson
Attorney Contact:
Office of Attorney General
110 S.E. 6th Street
10th Floor
Fort Lauderdale, FL 33301
954-712-4684
Fax: 954-712-4700
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Curtis Dewares
Party type: Defendant
Nurse Practitioner at Dade Correctional Institution
Attorney name: Monica Galindo Stinson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Julio Poveda
Party type: Defendant
Chief Health Officer at Dade Correctional Institution
Attorney name: Monica Galindo Stinson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Warden William Churchwell
Party type: Defendant
Northwest Florida Reception Center
Attorney name: Monica Galindo Stinson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-03-21 COMPLAINT against Birge, Dade Correctional Institution, Curtis Dewares, Kirk, Julio Poveda, Schweinsburg, Secretary of Florida Department of Corrections. Filing fee $ 350.00 (NO FEE PAID), filed by Perry Keith Martin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D and E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit)(ar2) (Entered: 03/21/2011)
22011-03-21 Judge Assignment to Judge Patricia A. Seitz (ar2) (Entered: 03/21/2011)
32011-03-21 Clerks Notice of Magistrate Judge Assignment to Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19 for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (ar2) (Entered: 03/21/2011)
42011-03-28 ORDER REQUIRING PAYMENT OF FILING FEE OR MOTION TO PROCEED IFP WITH DETAILED FINANCIAL AFFIDAVIT. Due on or before April 18, 2011. Signed by Magistrate Judge Patrick A. White on 3/25/2011. (Attachments: # 1 Affidavit IFP) (tw) (Entered: 03/28/2011)
52011-03-28 ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Magistrate Judge Patrick A. White on 3/25/2011. (tw) (Entered: 03/28/2011)
62011-04-13 NOTICE of Change of Address (System Updated) by Perry Keith Martin (ots) (Entered: 04/14/2011)
72011-04-27 RESPONSE to 5 Order of Instructions to Pro Se Litigant by Perry Keith Martin. (ots) (Entered: 04/27/2011)
82011-04-29 RESPONSE to 4 Order by Perry Keith Martin. (Attachments: # 1 Affidavit, # 2 Appendix)(ots) (Entered: 05/02/2011)
92011-05-03 ORDER REQUIRING PAYMENT OF FILING FEE OR FILING OF MOTION TO PROCEED IFP WITH DETAILED AFFIDAVIT. Filing Fee due by 5/31/2011. Motions due by 5/31/2011.. Signed by Magistrate Judge Patrick A. White on 5/3/2011. (Attachments: # 1 Affidavit IFP) (tw) (Entered: 05/03/2011)
102011-05-04 MOTION for Leave to Proceed in forma pauperis by Perry Keith Martin. (ots) (Entered: 05/05/2011)
112011-05-17 NOTICE of Change of Address by Perry Keith Martin. System updated 5/17/2011. (yha) (Entered: 05/17/2011)
122011-05-18 MOTION/Application to Proceed Without Payment or Fees and Affidavit by Perry Keith Martin. (yha) (Entered: 05/18/2011)
132011-05-19 ORDER denying 10 Motion for Leave to Proceed in forma pauperis without prejudice. A separate order will be entered granting IFP and establishing a debt.. Signed by Magistrate Judge Patrick A. White on 5/19/2011. (cz) (Entered: 05/19/2011)
142011-05-20 ORDER PERMITTING PLAINTIFF TO PROCEED WITHOUT PREPAYMENT OF FILING FEE BUT ESTABLISHING DEBT TO CLERK OF $350.00 and Granting 12 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Patrick A. White on 5/19/2011. (tw) (Entered: 05/20/2011)
152011-07-12 STATUS REPORT by Perry Keith Martin (yha) (Entered: 07/12/2011)
162011-07-12 STRICKEN AMENDED COMPLAINT against Birge, Dade Correctional Institution, Curtis Dewares, Kirk, Julio Poveda, Schweinsburg, Secretary of Florida Department of Corrections, filed by Perry Keith Martin.(yha) Modified on 8/19/2011 (ots). (Entered: 07/12/2011)
172011-07-14 REPORT AND RECOMMENDATIONS on 42 USC 1983 case. Stricking as duplicative 16 Amended Complaint filed by Perry Keith Martin, 1 Complaint, filed by Perry Keith Martin. Recommending 1. The case shall proceed against defendants Churchwell, Kirk, Dewares and Poveda for delay and inadequate medical treatment in their individual capacity. 2. Claims against McNeil, Schweinsbug, and Birge shall be dismissed for failure to state a claim against them pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). 3. Claims brought under the ADA (American Disability Act)should be dismissed for failure to state a claim. 4. The operative complaint is (DE#1), and its supplement(DE#15). Objections to R&R due by 8/1/2011. Signed by Magistrate Judge Patrick A. White on 7/14/2011. (tw) (Entered: 07/14/2011)
182011-07-28 NOTICE of Change of Address by Perry Keith Martin. System Updated (yha) (Entered: 07/28/2011)
192011-07-29 ORDER RE SERVICE OF PROCESS REQUIRING PERSONAL SERVICE UPON AN INDIVIDUAL. The United States Marshal shallserve a copy of the complaint and appropriate summons upon:William Churchwell, Warden, Dade Correctional Institution, 19000 S.W. 377th Street,Florida City, FL 33034-6499; Sgt. Kirk, Correctional Officer, Big Pine Key Road Prison #429, 450 Key Deer Boulevard, Big Pine Key, FL 33043-4900; Curtis Dewares, Nurse, Dade Correctional Institution, 19000 S.W. 377th Street, Florida City, FL 33034-6499 and Julio Poveda, M.D.Chief Health Officer, Dade Correctional Institution, 19000 S.W. 377th Street, Florida City, FL 33034-6499. Signed by Magistrate Judge Patrick A. White on 7/28/2011. (tw) (Entered: 07/29/2011)
202011-08-02 Summons Issued as to Dade Correctional Institution/William Churchwell. (br) (Entered: 08/02/2011)
212011-08-02 Summons Issued as to Curtis Dewares. (br) (Entered: 08/02/2011)
222011-08-02 Summons Issued as to Kirk. (br) (Entered: 08/02/2011)
232011-08-02 Summons Issued as to Julio Poveda. (br) (Entered: 08/02/2011)
242011-08-02 Clerks Notice of Receipt of Partial Filing Fee received on 8/2/2011 in the amount of $ 10.00, receipt number FLS100022903 (jua) (Entered: 08/02/2011)
252011-08-10 SUMMONS (Affidavit) Returned Executed on 16 Amended Complaint Curtis Dewares served on 8/8/2011, answer due 8/29/2011. (yha) (Entered: 08/10/2011)
262011-08-10 SUMMONS (Affidavit) Returned Executed on 16 Amended Complaint Julio Poveda served on 8/8/2011, answer due 8/29/2011. (yha) (Entered: 08/10/2011)
272011-08-19 ORDER adopting Report and Recommendations re 17 Report and Recommendations and Striking 16 Amended Complaint filed by Perry Keith Martin.Signed by Judge Patricia A. Seitz on 8/19/2011. (ots) (Entered: 08/19/2011)
282011-08-23 MOTION for Extension of Time Responsive Pleading by Curtis Dewares, Julio Poveda. Responses due by 9/9/2011 (Stinson, Monica) (Entered: 08/23/2011)
292011-08-24 ORDER granting 28 Motion for Extension of Time to respond to complaint to on or before 9/9/11.. Signed by Magistrate Judge Patrick A. White on 8/24/2011. (cz) (Entered: 08/24/2011)
302011-08-25 SUMMONS (Affidavit) Returned Executed on 1 Complaint, Kirk served on 8/22/2011, answer due 9/12/2011. (yha) (Entered: 08/25/2011)
312011-08-25 NOTICE by Perry Keith Martin. Plaintiff's Address has been corrected. (yha) (Entered: 08/26/2011)
322011-09-09 Defendants' ANSWER and Affirmative Defenses to Complaint with Jury Demand by Curtis Dewares, Kirk, Julio Poveda.(Stinson, Monica) (Entered: 09/09/2011)
332011-09-19 MOTION for Extension of Time to File Reply as to 32 Defendants' ANSWER and Affirmative Defenses to Complaint with Jury Demand by Perry Keith Martin. (ar2) (Entered: 09/20/2011)
342011-09-21 ORDER granting in part and denying in part 33 Motion for Extension of Time to File Response/Reply re 33 MOTION for Extension of Time to File Response/Reply as to 32 Answer to Complaint Responses due by 10/14/2011. Signed by Magistrate Judge Patrick A. White on 9/21/2011. (cz) (Entered: 09/21/2011)
352011-09-29 Defendant Churchwell's ANSWER and Affirmative Defenses to Complaint with Jury Demand by William Churchwell.(Stinson, Monica) (Entered: 09/29/2011)
362011-10-06 SCHEDULING ORDER: Amended Pleadings due by 1/17/2012. Discovery due by 1/3/2012. Joinder of Parties due by 1/17/2012. Motions due by 3/6/2012.. Signed by Magistrate Judge Patrick A. White on 10/5/2011. (tw) (Entered: 10/06/2011)
372011-10-14 Defendant's MOTION to Take Deposition from Inmate Perry Martin by William Churchwell, Curtis Dewares, Kirk, Julio Poveda. (Stinson, Monica) (Entered: 10/14/2011)
382011-10-14 NOTICE by William Churchwell, Curtis Dewares, Kirk, Julio Poveda re 37 Defendant's MOTION to Take Deposition from Inmate Perry Martin Notice of Filing Proposed Order (Stinson, Monica) (Entered: 10/14/2011)
392011-10-19 ORDER granting 37 Motion to Take Deposition from Plaintiff Perry Martin. This is an unrepresented plaintiff and the defendants shall govern themselves accordingly.. Signed by Magistrate Judge Patrick A. White on 10/19/2011. (cz) (Entered: 10/19/2011)
402011-10-24 REPLY to 32 Defendants' ANSWER and Affirmative Defenses to Complaint with Jury Demand, 35 Defendant Churchwell's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Perry Keith Martin. (jua) (Entered: 10/25/2011)
412011-10-24 OBJECTION to 37 Defendant's MOTION to Take Deposition from Inmate Perry Martin filed by Perry Keith Martin. Replies due by 11/3/2011. (jua) (Entered: 10/25/2011)
422011-10-26 *Endorsed Order The pro-se plaintiff has objected to being deposed without an attorney. The plaintiff has filed this lawsuit and it is his responsibility to make himself available for deposition. Failure to show up for deposition shall result in sanctions and possible dismissal of this case. The plaintiff seeks appointment of counsel which is denied.. Signed by Magistrate Judge Patrick A. White on 10/26/2011. (cz) (Entered: 10/26/2011)
432011-10-26 FIRST MOTION/Request for Production of Documents by Perry Keith Martin. (ar2) (Entered: 10/26/2011)
442011-10-26 SECOND MOTION/Request for Production of Documents by Perry Keith Martin. (ar2) (Entered: 10/26/2011)
452011-10-26 ORDER dismissing 43 Motion to Produce, this is not a motion but a discovery request and should be sent directly to the parties.. Signed by Magistrate Judge Patrick A. White on 10/26/2011. (cz) (Entered: 10/26/2011)
462011-10-26 NOTICE of Filing Plaintiffs Third Request for Production of Documents Re. Letter written by the Director of Regional HealthCare by Perry Keith Martin (ar2) (Entered: 10/26/2011)
472011-10-26 AFFIDAVIT/Declaration Re. 15 Status Report, and 1 Complaint, signed by : Perry Keith Martin. by Perry Keith Martin (ar2) (Entered: 10/26/2011)
482011-10-27 ORDER denying 44 Motion to Produce for the reasons stated in the Court's prior Order.. Signed by Magistrate Judge Patrick A. White on 10/27/2011. (cz) (Entered: 10/27/2011)
492011-11-08 MOTION to Amend 16 Amended Complaint Pursuant to Both Fed. R. Civ. Proc. (15) (A) and Pursuant to Article (1) Section (9) of the Florida Constitution, by adding additional Defendants by Perry Keith Martin. Responses due by 11/25/2011 (ar2) (Entered: 11/09/2011)
502011-11-08 REPLY to 35 Defendant Churchwell's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Perry Keith Martin. (See Image at Docket Entry 49 ) (ar2) (Entered: 11/09/2011)
512011-11-28 MOTION to Strike or Dismiss Kirk Sargent from 1 Complaint, by Perry Keith Martin. Responses due by 12/15/2011 (jua) (Entered: 11/28/2011)
522011-11-29 ORDER denying 49 Motion to Amend/Correct, this is not a proper motion to amend, the plaintiff is seeking to strike defendants' Answer which is denied ; granting 51 Motion to Dismiss Defendant Kirk Sargent from the complaint.. Signed by Magistrate Judge Patrick A. White on 11/29/2011. (cz) (Entered: 11/29/2011)
532011-12-06 MOTION for Order Compelling Discovery by Perry Keith Martin. Responses due by 12/23/2011 (ar2) (Entered: 12/06/2011)
542011-12-07 ORDER deferring ruling on 53 Motion to Compel, defendants shall reply to this motion.. Signed by Magistrate Judge Patrick A. White on 12/7/2011. (cz) (Entered: 12/07/2011)
552011-12-21 Defendant's MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Compel Discovery, 54 Order on Motion to Compel by William Churchwell, Curtis Dewares, Julio Poveda. (Attachments: # 1 Text of Proposed Order)(Stinson, Monica) (Entered: 12/21/2011)
562011-12-22 ORDER granting 55 Motion for Extension of Time to File Response/Reply re 55 Defendant's MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Compel Discovery, 54 Order on Motion to Compel Responses due by 1/6/2012. Signed by Magistrate Judge Patrick A. White on 12/22/2011. (cz) (Entered: 12/22/2011)
572012-01-05 RESPONSE to Motion re 53 MOTION to Compel Discovery filed by William Churchwell, Curtis Dewares, Julio Poveda. Replies due by 1/17/2012. (Attachments: # 1 Exhibit)(Stinson, Monica) (Entered: 01/05/2012)
582012-01-09 ORDER granting in part and denying in part 53 Motion to Compel, if the plaintiff is unable to pay for copying costs and cannot arrange a debt with his place of incarceration then the defendants shall make a copy available for the plaintiff to view.. Signed by Magistrate Judge Patrick A. White on 1/9/2012. (cz) (Entered: 01/09/2012)
592012-02-14 MOTION for Order Compelling Discovery by Perry Keith Martin. Responses due by 3/2/2012 (jua) (Entered: 02/14/2012)
602012-02-14 Witness Declaration signed by : Brian Cameron. by Perry Keith Martin (jua) (Entered: 02/14/2012)
612012-02-15 ORDER deferring ruling on 59 Motion to Compel until defendants file their response to this motion.. Signed by Magistrate Judge Patrick A. White on 2/15/2012. (cz) (Entered: 02/15/2012)
622012-02-28 Defendant's MOTION for Extension of Time to Complete Discovery , Defendant's MOTION for Extension of Time to file Motion for Summary Judgment re 36 Scheduling Order ( Responses due by 3/16/2012) by William Churchwell, Curtis Dewares, Julio Poveda. (Attachments: # 1 Text of Proposed Order)(Stinson, Monica) (Entered: 02/28/2012)
632012-02-28 RESPONSE to Motion re 59 MOTION to Compel Discovery filed by William Churchwell, Curtis Dewares, Julio Poveda. Replies due by 3/9/2012. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Stinson, Monica) (Entered: 02/28/2012)
642012-03-06 PETITION FOR DEPOSITION by Perry Keith Martin. (cqs) Modified text on 3/7/2012 (dm). (Entered: 03/06/2012)
652012-03-06 NOTICE of Attorney Appearance by Raymond V. Miller on behalf of Perry Keith Martin (Miller, Raymond) (Entered: 03/06/2012)
662012-03-06 Defendant's MOTION for Summary Judgment by William Churchwell, Curtis Dewares, Julio Poveda. Responses due by 3/23/2012 (Attachments: # 1 Deposition, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Deposition)(Stinson, Monica) (Entered: 03/06/2012)
672012-03-07 NOTICE of Attorney Appearance by Devin Sean Radkay on behalf of Perry Keith Martin (Radkay, Devin) (Entered: 03/07/2012)
682012-03-08 MOTION for Extension of Time Deadlines and to Re-Open Discovery by Perry Keith Martin. Responses due by 3/26/2012 (Radkay, Devin) (Entered: 03/08/2012)
692012-03-21 ORDER denying 59 Motion to Compel because it was filed pro-se and plainiff is represented by counsel and for the reasons stated in defendants response (DE#63); denying 62 Motion for Extension of Time to Complete Discovery; denying 62 Motion for Extension of Time; denying 64 Motion to Take Deposition because it was filed pro se and plaintiff now represented by counsel ; granting 68 Motion for Extension of Time only to dates in the plaintiff's motion filed thru counsel.. Signed by Magistrate Judge Patrick A. White on 3/21/2012. (cz) (Entered: 03/21/2012)
702012-04-05 Defendant's MOTION for clarification 69 Order on Motion to Compel, Order on Motion for Extension of Time to Complete Discovery,, Order on Motion to Take Deposition,,,,,,,,,,, by William Churchwell, Curtis Dewares, Julio Poveda. Responses due by 4/23/2012 (Stinson, Monica) (Entered: 04/05/2012)
712012-04-10 ORDER granting 70 Motion for Clarification, the plaintiff requested until 3/12, for the filing of the pre-trial statement and 3/23 to respond to summary judgement and the Court granted the extension to those dates. However, those dates have passed, therefore the plaintiff's response to summary judgement is due on or before 4/24/12, and the pre-trial statement is due two weeks following that date.. Signed by Magistrate Judge Patrick A. White on 4/10/2012. (cz) (Entered: 04/10/2012)
722012-04-11 MOTION for Reconsideration re 71 Order on Motion for Clarification, by Perry Keith Martin. (Radkay, Devin) (Entered: 04/11/2012)
732012-04-11 Clerks Notice of Receipt of Partial Filing Fee received on 4/10/2012 in the amount of $ 10.00, receipt number FLS100036696 (cbr) (Entered: 04/11/2012)
742012-04-11 RESPONSE in Opposition re 72 MOTION for Reconsideration re 71 Order on Motion for Clarification, filed by William Churchwell, Curtis Dewares, Julio Poveda. (Stinson, Monica) (Entered: 04/11/2012)
752012-04-11 REPLY to Response to Motion re 72 MOTION for Reconsideration re 71 Order on Motion for Clarification, filed by Perry Keith Martin. (Radkay, Devin) (Entered: 04/11/2012)
762012-04-16 ORDER granting 72 Motion for Reconsideration, THE RESONSE TO THE SUMMARY JUDGEMENT IS DUE ON OR BEFORE 5/11/12, THE PLAINTIFF'SS pREtRIAL STATEMENT IS DUE 2 WEEKS FOLLOWING AND THE PLAINTIFF MAY REOPEN DISCOVERY FOR LIMITED DEPOSITIONS ONLY UNTIL 5/11/12.. Signed by Magistrate Judge Patrick A. White on 4/16/2012. (cz) (Entered: 04/16/2012)
772012-04-27 NOTICE by William Churchwell, Curtis Dewares, Julio Poveda re 66 Defendant's MOTION for Summary Judgment Notice of Filing Exhibits to Inmate's Deposition only (Attachments: # 1 Exhibit Exhibits to Inmate's Deposition)(Stinson, Monica) (Entered: 04/27/2012)
782012-05-11 RESPONSE in Opposition re 66 Defendant's MOTION for Summary Judgment and Motion for Leave filed by Perry Keith Martin. (Radkay, Devin) (Entered: 05/11/2012)
792012-05-11 Statement of: Material Facts in Opposition to Defendants' Motion for Summary Judgment by Perry Keith Martin re 66 Defendant's MOTION for Summary Judgment (Attachments: # 1 Affidavit of Perry Martin)(Radkay, Devin) (Entered: 05/11/2012)
79.1 Affidavit of Perry Martin
802012-05-18 REPLY to Response to Motion re 66 Defendant's MOTION for Summary Judgment filed by William Churchwell, Curtis Dewares, Julio Poveda. (Stinson, Monica) (Entered: 05/18/2012)
812012-05-21 NOTICE by Perry Keith Martin re 78 Response in Opposition to Motion (Attachments: # 1 Affidavit of Perry Martin)(Radkay, Devin) (Entered: 05/21/2012)
822012-05-21 Plaintiff's MOTION to Strike 80 Reply to Response to Motion regarding Portion of Defendants' Reply in Support of Their Motion for Summary Judgment by Perry Keith Martin. Responses due by 6/7/2012 (Radkay, Devin) (Entered: 05/21/2012)
832012-05-25 PRETRIAL STIPULATION by Perry Keith Martin (Radkay, Devin) (Entered: 05/25/2012)
842012-06-01 RESPONSE in Opposition re 82 Plaintiff's MOTION to Strike 80 Reply to Response to Motion regarding Portion of Defendants' Reply in Support of Their Motion for Summary Judgment filed by William Churchwell, Curtis Dewares, Julio Poveda. (Stinson, Monica) (Entered: 06/01/2012)
852012-06-07 MOTION for Extension of Time TO FILE DEFENDANTS PRETRIAL STATEMENT re 76 Order on Motion for Reconsideration, Set Motion and R&R Deadlines/Hearings, 71 Order on Motion for Clarification, by William Churchwell, Curtis Dewares, Julio Poveda. Responses due by 6/25/2012 (Attachments: # 1 Text of Proposed Order)(Stinson, Monica) (Entered: 06/07/2012)
862012-06-11 ORDER granting 85 Motion for Extension of Time to 7/3/12.. Signed by Magistrate Judge Patrick A. White on 6/11/2012. (cz) (Entered: 06/11/2012)
872012-06-13 PRETRIAL STIPULATION Amended by Perry Keith Martin (Radkay, Devin) (Entered: 06/13/2012)
882012-06-28 Clerks Notice of Receipt of Partial Filing Fee received on 2/17/2012 in the amount of $ 5.00, receipt number FLS100033849 (ail) (Entered: 06/28/2012)
892012-07-09 Plaintiff's MOTION to Compel Defendants to Comply with Court Order and to File Their Pretrial Statement by Perry Keith Martin. Responses due by 7/26/2012 (Radkay, Devin) (Entered: 07/09/2012)
902012-07-10 Statement of: PRETRIAL STATEMENT by William Churchwell, Curtis Dewares, Julio Poveda re 86 Order on Motion for Extension of Time (Stinson, Monica) (Entered: 07/10/2012)
912012-07-16 ORDER deferring ruling on 89 Motion to Compel the defendants to file their pretrial statement until their reply or pre-trial is filed on or before 7/31/12. Signed by Magistrate Judge Patrick A. White on 7/16/2012. (cz) (Entered: 07/16/2012)
922012-07-16 NOTICE of Compliance Defendants' Having Filed Defendants' Pretrial Statement on July 10, 2012 by William Churchwell, Curtis Dewares, Julio Poveda re 91 Order on Motion to Compel, 89 Plaintiff's MOTION to Compel Defendants to Comply with Court Order and to File Their Pretrial Statement filed by Perry Keith Martin (Stinson, Monica) (Entered: 07/16/2012)
932012-07-30 ORDER denying as moot 89 Motion to Compel as defendant's have filed their pretrial statement. See DE#90. Signed by Magistrate Judge Patrick A. White on 7/30/2012. (nn) (Entered: 07/30/2012)
942012-07-30 ORDER denying 82 Motion to Strike 80 Defendant's Reply to Response to Motion on the basis that plaintiff has put at issue defendants' deliberate indifference to his medical needs in his opposition 78 to defendant's motion for summary judgment, asserting that he had a serious medical need that needed immediate medical attention. Thus, defendants' reply 80 shall be considered in conjunction with the resolution of the defendants' motion for summary judgment. Signed by Magistrate Judge Patrick A. White on 7/30/2012. (nn) (Entered: 07/30/2012)
952012-08-06 REPORT AND RECOMMENDATIONS on 42 USC 1983 case. Granting 66 Defendant's MOTION for Summary Judgment filed by Curtis Dewares, Julio Poveda, William Churchwell, Granting 51 MOTION to Dismiss 1 Complaint, filed by Perry Keith Martin. This case should no closed. Objections to R&R due by 8/23/2012 Signed by Magistrate Judge Patrick A. White on 8/6/2012. (tw) (Entered: 08/06/2012)
962012-08-21 Plaintiff's MOTION for Extension of Time to serve objections to Magistrate's Report and Recommendations re 95 REPORT AND RECOMMENDATIONS on 42 USC 1983 case re 66 Defendant's MOTION for Summary Judgment filed by Curtis Dewares, Julio Poveda, William Churchwell, 51 MOTION to Dismiss 1 Complaint, filed by Perry Keith Martin by Perry Keith Martin. Responses due by 9/7/2012 (Radkay, Devin) (Entered: 08/21/2012)
972012-08-24 ORDER granting 96 Motion for Extension of Time to Serve Objections to the Report and Recommendation Signed by Judge Patricia A. Seitz on 8/23/2012. (ail) (Entered: 08/24/2012)
982012-09-05 Clerks Notice of Receipt of Partial Filing Fee received on 8/29/2012 in the amount of $ 54.00, receipt number FLS00044572 (ail) (Entered: 09/07/2012)
992012-09-14 OBJECTIONS to 95 Report and Recommendations Granting Defendants' Motion for Summary Judgment by Perry Keith Martin. (Radkay, Devin) (Entered: 09/14/2012)
1002012-09-19 Clerks Notice of Receipt of Partial Filing Fee received on 9/17/2012 in the amount of $ 8.00, receipt number FLS100045464 (ls) (Entered: 09/19/2012)
1012012-10-11 NOTICE of Letter to the Court by Perry Keith Martin (ail) (Entered: 10/12/2012)
1022012-10-18 Clerks Notice of Receipt of Partial Filing Fee received on 10/15/2012 in the amount of $ 4.00, receipt number FLS100046987 (ail) (Entered: 10/18/2012)
1032012-10-18 Unopposed MOTION to Strike 101 Notice (Other) Inmate's Letter to Judge ( Responses due by 11/5/2012), Unopposed MOTION Remove Inmate's Letter from Docket re 101 Notice (Other) Inmate's Letter to Judge by William Churchwell, Curtis Dewares, Julio Poveda. (Attachments: # 1 Text of Proposed Order)(Stinson, Monica) (Entered: 10/18/2012)
1042012-10-29 ORDER granting 103 Motion to Strike ; granting 103 Motion Signed by Magistrate Judge Patrick A. White on 10/29/2012. (cz) (Entered: 10/29/2012)
1052012-11-28 Clerks Notice of Receipt of Partial Filing Fee received on 11/26/2012 in the amount of $ 8.00, receipt number FLS100049011 (ail) (Entered: 11/29/2012)
1062013-02-13 Clerks Notice of Receipt of Partial Filing Fee received on 2/1/2013 in the amount of $ 18.00, receipt number FLS100052912 (ail) (Entered: 02/13/2013)
1072013-02-28 ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATIONS re 95 Report and Recommendations; granting 66 Motion for Summary Judgment Signed by Judge Patricia A. Seitz on 2/27/2013. (ail) (Entered: 02/28/2013)
1082013-02-28 FINAL JUDGMENT in favor of the Defendants against the Plaintiff Signed by Judge Patricia A. Seitz on 2/27/2013. (ail) (Entered: 02/28/2013)
1092013-03-01 Case No Longer Referred to Magistrate Judge Patrick A. White/Case Closed by the District Judge. Signed by Magistrate Judge Patrick A. White on 3/1/2013. (br) (Entered: 03/01/2013)
1102013-03-25 Clerks Notice of Receipt of Partial Filing Fee received on 3/21/2013 in the amount of $ 6.00, receipt number FLS100055828 (ail) (Entered: 03/25/2013)
1112013-04-03 Notice of Appeal by Perry Keith Martin re 108 Judgment, 107 Order Adopting Report and Recommendations, Order on Motion for Summary Judgment. Filing fee $(NOT PAID). 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. (mc) (Entered: 04/03/2013)
1122013-04-15 Acknowledgment of Receipt of NOA from USCA re 111 Notice of Appeal, filed by Perry Keith Martin. Date received by USCA: 4/8/13. USCA Case Number: 13-11484-D. (hh) (Entered: 04/16/2013)
1132013-04-11 TRANSCRIPT INFORMATION FORM by Perry Keith Martin re 111 Notice of Appeal,. No Transcript Requested. (hh) (Entered: 04/16/2013)
1142013-04-16 NOTICE of Change of Address by Perry Keith Martin (hh) Text Modified on 4/30/2013(System updated) (hh). (Entered: 04/16/2013)
1152013-04-17 Clerks Notice of Receipt of Partial Filing Fee received on 4/17/2013 in the amount of $ 14.00, receipt number FLS100057379 (ail) (Entered: 04/18/2013)
1162013-06-05 ORDER of Dismissal from USCA, this appeal is DISMISSED for want of prosecution because the Appellant failed to pay the filing fees (or file a motion in the district court for relief from obligation to pay in advance the full fee) to the district court within the time fixed by the rules as to 111 Notice of Appeal, filed by Perry Keith Martin, USCA # 13-11484-D (hh) (Entered: 06/06/2013)