Case Details

CourtSouthern District of Florida
Docket number1:11-cv-23821
Date case filed2011-10-24
Date case closed
Date of latest filing
Assigned toSenior Judge Kenneth L. Ryskamp
Case cause42:1983 State Prisoner Civil Rights
Nature of suit550 Prisoner: Civil Rights
Jury demandDefendant
Demand
JurisdictionFederal Question

Case Parties

Party: Permon Thomas
Party type: Plaintiff
Attorney name: Permon Thomas
Attorney Contact:
425550
Charlotte Corrections Institution
33123 Oilwell Road
Punta Gorda, FL 33955
PRO SE
Party: Ass. Warden Shoney
Party type: Defendant
official and individual
Party: Evelyn Garst
Party type: Defendant
Correctional Service Administrator, official and individual
TERMINATED: 02/14/2012
Party: Warden William Churchwell
Party type: Defendant
Dade Correctional Facility official and individual
TERMINATED: 02/14/2012
Party: Officer Tate
Party type: Defendant
Classification, official & individual
TERMINATED: 03/20/2013
Attorney name: Kathleen Mary Savor
Attorney Contact:
Office of the Attorney General
110 SE 6 Street
10th Floor
Fort Lauderdale, FL 33301
(954) 712-4600
Fax: (954) 712-4700
Email: kathleen.savor@myfloridalegal.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Javier Rivera
Party type: Defendant
Head of Classification, official and individual
TERMINATED: 03/20/2013
Attorney name: Kathleen Mary Savor
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Captain Urbina
Party type: Defendant
official and individual
TERMINATED: 03/20/2013
Attorney name: Kathleen Mary Savor
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Regional Director Marta Villacorta
Party type: Defendant
official and individual
TERMINATED: 02/14/2012
Party: John Doe #1-4
Party type: Defendant
official and individual
Party: Colonel Jose Lugo
Party type: Defendant
Attorney name: Kathleen Mary Savor
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Colonel Jason Hoskins
Party type: Defendant
Attorney name: Kathleen Mary Savor
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Clark
Party type: Defendant
Classification Officer
Party: Julio Poveda
Party type: Defendant
Chief Health Officer, Individually
TERMINATED: 11/09/2012

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-10-24 COMPLAINT under the Civil Rights Act, 42 U.S.C. ยง 1983 against All Defendants. Filing fee $ 350.00 (FEE NOT PAID), filed by Permon Thomas. (Attachments: # 1 Summon(s))(ar2) (Entered: 10/24/2011)
22011-10-24 Judge Assignment to Judge Patricia A. Seitz (ar2) (Entered: 10/24/2011)
32011-10-24 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: 10/24/2011)
42011-10-26 MOTION for Leave to Proceed in forma pauperis by Permon Thomas. (ar2) (Entered: 10/26/2011)
52011-10-26 AFFIDAVIT of Indigency Re. 4 MOTION for Leave to Proceed in forma pauperis filed by Permon Thomas. (ar2) (Entered: 10/26/2011)
62011-10-27 ORDER PERMITTING PLAINTIFF TO PROCEED WITHOUT PREPAYMENT OF FILING FEE BUT ESTABLISHING DEBT TO CLERK OF $350.00 and Granting 4 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Patrick A. White on 10/26/2011. (tw) (Entered: 10/27/2011)
72011-10-27 ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Magistrate Judge Patrick A. White on 10/26/2011. (tw) (Entered: 10/27/2011)
82011-11-22 ORDER RE SERVICE OF PROCESS REQUIRING PERSONAL SERVICE UPON AND INDIVIDUAL. The United States Marshal shall serve a copy of the complaint and appropriate summons upon:Classification Officer Tate, South Florida Reception Center,(South Unit), 13910 N.W. 41 Street, Doral, FL 33178-3014 or South Florida Reception Center(Male), 14000 N.W. 41 Street, Doral, FL 33178-3003, Mr. Javier Rivera, Head of Classification, Dade Correctional Institution, 19000 S.W. 377th Street, Florida City, FL 33034-6499 and Captain Urbina, Dade Correctional Institution, 19000 S.W. 377th Street, Florida City, FL 33034-6499. Signed by Magistrate Judge Patrick A. White on 11/22/2011. (tw) (Entered: 11/22/2011)
92011-11-22 REPORT AND RECOMMENDATIONS on 42 USC 1983 case re 1 Complaint filed by Permon Thomas. Recommending 1. The claim of denial of adequate medical treatment shall proceed against Tate, Rivera, Urbina and Warden Shoney. 2. The plaintiff must provide a specific address for Warden Shoney or he shall be dismissed. 3. The plaintiff may file an amended complaint naming specific John Does, their addresses and each defendants actions which violated the plaintiff's constitutional rights. 4. The case shall be dismissed against Defendants Warden Churchwell, Evelyn Garst, and Marta Villacorta for failing to state a claim against these defendants. Objections to R&R due by 12/9/2011. Signed by Magistrate Judge Patrick A. White on 11/22/2011. (tw) (Entered: 11/22/2011)
102011-11-23 Summons Issued as to Javier Rivera. (br) (Entered: 11/23/2011)
112011-11-23 Summons Issued as to Tate. (br) (Entered: 11/23/2011)
122011-11-23 Summons Issued as to Urbina. (br) (Entered: 11/23/2011)
132011-12-09 MOTION for Extension of Time to File Objections as to 9 REPORT AND RECOMMENDATIONS on 42 USC 1983 case re 1 Complaint by Permon Thomas. (ar2) (Entered: 12/09/2011)
142011-12-12 ORDER Granting Motion to Extend Deadline; re 13 Motion for Extension of Time to File Response/Reply. Objections to Report and Recommendation due 12/26/11. Signed by Judge Patricia A. Seitz on 12/12/2011. (asl) (Entered: 12/12/2011)
152011-12-22 OBJECTIONS to 9 Report and Recommendations by Permon Thomas. (ar2) (Entered: 12/23/2011)
162011-12-30 SUMMONS (Affidavit) Returned Executed on 1 Complaint Classification Officer Tate served on 12/1/2011, answer due 12/22/2011. (yha) Modified text on 2/3/2012 (ar2). (Entered: 12/30/2011)
172012-01-23 MOTION for Order Compelling Florida Department of Corrections and Alexander Walters, Deputy General Counsel for F.D.O.C. to Produce the Last Known Addresses for Defendant's Ass. Warden Shoney, Classification Supervisor Javier Rivera, and Assistant Warden Tate by Permon Thomas. Responses due by 2/9/2012 (ar2) (Entered: 01/24/2012)
182012-01-26 ORDER denying 17 Motion to Compel, discovery motions are to be made directly to parties and if the requests are made to non parties the plaintiff must obtain and pay for service of subpoenas.. Signed by Magistrate Judge Patrick A. White on 1/26/2012. (cz) (Entered: 01/26/2012)
192012-02-03 MOTION for Clerks Entry of Default as to Tate by Permon Thomas. (jua) (Entered: 02/06/2012)
202012-02-03 AFFIDAVIT re 19 MOTION for Clerks Entry of Default as to Tate filed by Permon Thomas. (jua) (Entered: 02/06/2012)
212012-02-03 MOTION for Clerks Entry of Default as to Javier Rivera, Urbina by Permon Thomas. (jua) (Entered: 02/06/2012)
222012-02-03 AFFIDAVIT re 21 MOTION for Clerks Entry of Default as to Javier Rivera, Urbina filed by Permon Thomas. (jua) (Entered: 02/06/2012)
232012-02-06 ORDER by Clerk of Entry of Default re 19 Motion for Clerks Entry of Default as to Tate. Signed by DEPUTY CLERK on 2/6/2012. (jua) (Entered: 02/06/2012)
242012-02-06 ORDER by Clerk of Non-Entry of Default re 21 Motion for Clerks Entry of Default as to Javier Rivera, Urbina. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket. Signed by DEPUTY CLERK on 12/6/2012. (jua) (Entered: 02/06/2012)
252012-02-07 ORDER TRANSFERRING CASE to the Honorable Kenneth L. Ryskamp for all further proceedings, accepted and signed on 2/7/12. Judge Patricia A. Seitz no longer assigned to case. Signed by Judge Patricia A. Seitz on 2/7/2012. (asl) (Entered: 02/08/2012)
262012-02-14 ORDER Adopting Report and Recommendations of Magistrate Judge; re 9 Report and Recommendations. Plaintiff's Claims against defendants Warden Churchwell, Evelyn Garst, and Marta Villacorta are dismissed for failure to state a claim. Signed by Senior Judge Kenneth L. Ryskamp on 2/14/2012. (asl) (Entered: 02/14/2012)
272012-02-22 MOTION For The Court To Issue an Order Requiring Reply to the Plaintiff's Civil Rights Complaint with attached exhibits by Permon Thomas. Responses due by 3/12/2012 (cqs) (Entered: 02/23/2012)
282012-02-22 MEMORANDUM Of Law in Support re 27 MOTION to Compel Reply to the Plaintiff's civil rights complaint by Permon Thomas. (cqs) (Entered: 02/23/2012)
292012-02-22 MOTION for Telephonic Hearing re 27 MOTION to Compel Reply to the Plaintiff's civil rights complaint by Permon Thomas. (cqs) (Entered: 02/23/2012)
302012-03-08 SUMMONS (Affidavit) Returned Executed on 1 Complaint Javier Rivera served on 3/5/2012, answer due 3/26/2012. (jua) (Entered: 03/08/2012)
312012-03-08 MOTION for Default Judgment by Permon Thomas. (jua) (Entered: 03/08/2012)
322012-03-08 MOTION for Telephonic Hearing re 31 MOTION for Default Judgment by Permon Thomas. (jua) (Entered: 03/08/2012)
332012-03-08 DECLARATION of Military Service by Permon Thomas (jua) (Entered: 03/08/2012)
342012-03-14 MOTION to Issue an Order to the United States Marshall to Comply with the Court's 11/22/11 Order to Make Substituted Service Upon a Ranking Officer and to File with the Clerk of the Court and Plaintiff the Marshall's Remarks on the Process Receipt and Return Explaining the Reasons that Urbina and Rivera Could not be Personally Served re 8 ORDER RE SERVICE OF PROCESS REQUIRING PERSONAL SERVICE UPON AND INDIVIDUAL, by Permon Thomas. (jua) (Entered: 03/15/2012)
352012-03-14 MOTION to Voluntarily Dismiss 31 MOTION for Default Judgment, 32 MOTION for Telephonic Hearing re 31 MOTION for Default Judgment, by Permon Thomas. Responses due by 4/2/2012 (jua) (Entered: 03/15/2012)
362012-03-20 ORDER granting 35 Motion to Dismiss his motions for default and telphonic hearing. (DE#s 31 and 32).. Signed by Magistrate Judge Patrick A. White on 3/20/2012. (cz) (Entered: 03/20/2012)
372012-03-20 ORDER denying as moot 31 Motion for Default Judgment; denying as moot 32 Motion for Hearing, the plaintiff hs voluntarily dismissed these motions.. Signed by Magistrate Judge Patrick A. White on 3/20/2012. (cz) (Entered: 03/20/2012)
382012-03-20 ORDER TO MARSHAL 1. Provide a return of service for Defendant Urbina. 2. Provide clarification as to whether defendant Rivera was personally served despite the fact that his employment was terminated two years ago. 3. Upon receipt of information from the Marshall a determination of whether default should be applied against these two remaining defendants. 4. The motion for Court Order (DE#27) has been granted to the extent explained above. 5. The motion for telephonic hearing (DE#29) is denied. Signed by Magistrate Judge Patrick A. White on 3/20/2012. (tw) (Entered: 03/20/2012)
392012-03-21 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Javier Rivera, Tate.(Savor, Kathleen) (Entered: 03/21/2012)
402012-03-22 ORDER denying as moot 34 Motion to substitute service. Rivera has filed an Answer and the Marshal has been ordered to file a return for remaining defendant.. Signed by Magistrate Judge Patrick A. White on 3/22/2012. (cz) (Entered: 03/22/2012)
412012-03-23 SCHEDULING ORDER: Amended Pleadings due by 8/2/2012. Discovery due by 7/19/2012. Joinder of Parties due by 8/2/2012. Motions due by 8/23/2012.. Signed by Magistrate Judge Patrick A. White on 3/22/2012. (tw) (Entered: 03/23/2012)
422012-03-30 SUMMONS (Affidavit) Returned Executed on 1 Complaint Captain Urbina served on 3/16/2012, answer due 4/6/2012. (ar2) (Entered: 04/02/2012)
432012-04-02 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Urbina.(Savor, Kathleen) (Entered: 04/02/2012)
442012-04-23 MOTION for Appointment of Counsel by Permon Thomas. Responses due by 5/10/2012 (jua) (Entered: 04/23/2012)
452012-04-23 MEMORANDUM of Law in Support re 44 Motion for Appointment of Counsel by Permon Thomas. (jua) (Entered: 04/23/2012)
462012-04-23 DECLARATION in Support re 44 MOTION for Appointment of Counsel filed by Permon Thomas. (jua) (Entered: 04/23/2012)
472012-04-24 ORDER denying 44 Motion to Appoint Counsel. Signed by Magistrate Judge Patrick A. White on 4/23/2012. (cz) (Entered: 04/24/2012)
482012-05-25 MOTION to Take Deposition from Permon Thomas by Javier Rivera, Tate, Urbina. (Savor, Kathleen) (Entered: 05/25/2012)
492012-05-29 ORDER granting 48 Motion to Take Deposition from Permon Thomas. This is an unrepresented plaintiff and the defendants shall govern themselves accordingly.. Signed by Magistrate Judge Patrick A. White on 5/29/2012. (cz) (Entered: 05/29/2012)
502012-07-23 MOTION to Compel Discovery ( Responses due by 8/9/2012) and for Sanctions by Permon Thomas. (jua) (Entered: 07/23/2012)
512012-07-23 AFFIDAVIT in Support re 50 MOTION to Compel Discovery and for Sanctions filed by Permon Thomas. (jua) (Entered: 07/23/2012)
522012-07-23 MEMORANDUM in Support of 50 MOTION to Compel Discovery and for Sanctions by Permon Thomas. (Attachments: # 1 Exhibit A -Z and AA, # 2 Exhibit A - Z and AA Continued)(jua) (Entered: 07/24/2012)
532012-07-24 ORDER deferring ruling on 50 Motion to Compel; deferring ruling on 50 Motion for Sanctions, defendants shall respond to this motion forthwith. Signed by Magistrate Judge Patrick A. White on 7/24/2012. (cz) (Entered: 07/24/2012)
542012-07-24 RESPONSE to 50 MOTION to Compel Discovery and for Sanctions filed by Javier Rivera, Tate, Urbina. (Savor, Kathleen) Modified text on 7/25/2012 (jua). (Entered: 07/24/2012)
552012-07-24 MOTION for 30 days extension on deadlines by Javier Rivera, Tate, Urbina. Responses due by 8/10/2012 (Savor, Kathleen) Modified text on 7/25/2012 (jua). (Entered: 07/24/2012)
562012-07-25 ORDER denying 50 Motion to Compel; denying 50 Motion for Sanctions for the reasons stated in the defendants response; granting 55 Motion for Extension of Time, ALL DATES ENTERED IN THE PRE-TRIAL SCHEDULING ORDER ARE EXTENDED FOR THIRTY DAYS FROM THE DATES IN THAT ORDER. Signed by Magistrate Judge Patrick A. White on 7/25/2012. (cz) (Entered: 07/25/2012)
572012-08-15 MOTION for Leave to Amend Plaintiff's Amend Civil Rights Complaint 42 U.S.C. 1983 by Permon Thomas. (Attachments: # 1 Amended Civil Rights Complaint)(jua) (Entered: 08/16/2012)
582012-08-15 MOTION for Extension of Time to File Objections as to 56 Order on Motion to Compel, Order on Motion for Sanctions by Permon Thomas. (jua) (Entered: 08/16/2012)
592012-08-16 RESPONSE in Opposition re 57 MOTION for Leave to File filed by Javier Rivera, Tate, Urbina. (Savor, Kathleen) (Entered: 08/16/2012)
602012-08-20 ORDER respectfully deferring ruling on 58 Motion for Extension of Time to File Objections to the Magistrate's Order to the United States District Judge. Signed by Magistrate Judge Patrick A. White on 8/20/2012. (cz) (Entered: 08/20/2012)
612012-08-23 OBJECTIONS to 56 Order on Motion to Compel, Order on Motion for Sanctions, Order on Motion for Extension of Time, by Permon Thomas. (jua) (Entered: 08/23/2012)
622012-08-23 REPLY to Response to Motion re 50 MOTION to Compel Discovery MOTION for Sanctions filed by Permon Thomas. (jua) (Entered: 08/23/2012)
632012-08-24 MOTION for Court's Subpoena of Confidential Records for the Court's In-Camera Inspection of the Records by Permon Thomas. (jua) (Entered: 08/24/2012)
642012-08-28 ORDER denying 63 Motion Court Ordered subpoena, the plaintiff must arrange for any subpoenas and make arrangements with the Marshal for fees. Signed by Magistrate Judge Patrick A. White on 8/29/2012. (cz) (Entered: 08/28/2012)
652012-09-04 *Endorsed Order. The Court, post hoc, grants Plaintiff's extension of time to file objections [DE 58] and accepts Plaintiff's objections [DE 61] filed August 23, 2012. Defendants may submit a response to Plaintiff's objections by 9/10/12. Signed by Senior Judge Kenneth L. Ryskamp on 9/4/12. (bta) (Entered: 09/04/2012)
662012-09-05 RESPONSE/REPLY to 61 Response/Reply (Other) by Javier Rivera, Tate, Urbina. (Savor, Kathleen) (Entered: 09/05/2012)
672012-09-24 Defendant's MOTION for Summary Judgment by Javier Rivera, Tate, Urbina. Responses due by 10/12/2012 (Attachments: # 1 Exhibit Exhibits A-F, # 2 Exhibit Exhibits G-J, # 3 Exhibit Exhibit K)(Savor, Kathleen) (Entered: 09/24/2012)
682012-09-24 ORDER INSTRUCTING PRO SE PLAINTIFF CONCERNING RESPONSE as to 67 Defendant's MOTION for Summary Judgment .(Responses due by 10/22/2012) Signed by Magistrate Judge Patrick A. White on 9/24/2012. (tw) (Entered: 09/24/2012)
692012-09-24 ORDER RE SERVICE OF PROCESS REQUIRING PERSONAL SERVICEE UPON AN INDIVIDUAL. The United States Marshal shall serve a copy of the complaint and appropriate summons upon:Jose Lugo, Colonel, Dade Correctional Institution, 19000 S.W. 377th Street, Florida City, FL 33034-6499; Jason Hoskins, Colonel, Dade Correctional Institution, 19000 S.W. 377th Street, Florida City, FL 33034-6499 and Classification Officer Clark, Dade Correctional Institution, 19000 S.W. 377th Street, Florida City, FL 33034-6499. Signed by Magistrate Judge Patrick A. White on 9/24/2012. (tw) (Entered: 09/24/2012)
702012-09-24 ORDER INSTRUCTING PRO SE PLAINTIFF CONCERNING RESPONSE as to 67 Defendant's MOTION for Summary Judgment .(Responses due by 10/22/2012) Signed by Magistrate Judge Patrick A. White on 9/24/2012. (tw) (Entered: 09/24/2012)
712012-09-25 REPORT AND RECOMMENDATIONS Granting in part 57 MOTION for Leave to File filed by Permon Thomas. The case proceed against Officers Clerk, Lugo and Hoskins for ignoring him medical pass. Dr. Poveda be dismissed based upon plaintiff's failure to exhaust his administrative remedies. Objections to R&R due by 10/12/2012 Signed by Magistrate Judge Patrick A. White on 9/25/2012. (tw) (Entered: 09/25/2012)
722012-09-27 Summons Issued as to Jose Lugo, Jason Hoskins, Clark. (jua) (Entered: 09/27/2012)
732012-10-01 MOTION for Summary Judgment for Final Summary Judgment and Memorandum of Law in Support thereof with Sworn Affidavit by Permon Thomas. Responses due by 10/18/2012. (ar2) (Entered: 10/02/2012)
742012-10-01 AFFIDAVIT in Support Re: 73 MOTION for Summary Judgment filed by Permon Thomas. (ar2) (Entered: 10/02/2012)
752012-10-01 MEMORANDUM of Points and Authorities in Support Re: 73 MOTION for Summary Judgment by Permon Thomas. (ar2) (Entered: 10/02/2012)
762012-10-01 APPENDIX OF EXHIBITS by Permon Thomas Re: 73 MOTION for Summary Judgment filed by Permon Thomas. Related document: 73 MOTION for Summary Judgment filed by Permon Thomas. (Attachments: # 1 Exhibit L - T, # 2 Exhibit T - X)(ar2) (Entered: 10/02/2012)
772012-10-10 RESPONSE in Opposition re 73 MOTION for Summary Judgment filed by Javier Rivera, Tate, Urbina. (Savor, Kathleen) (Entered: 10/10/2012)
782012-10-16 NOTICE by Javier Rivera, Tate, Urbina re 41 Scheduling Order noncompliance by Plaintiff (Savor, Kathleen) (Entered: 10/16/2012)
792012-10-22 AMENDED CIVIL RIGHTS COMPLAINT Under Section 42 U.S.C. Sect. 1983 against Shoney, Julio Poveda, filed by Permon Thomas. (Party added)(jua) (Entered: 10/23/2012)
802012-10-25 APPENDIX of Exhibits - Opposition to 67 Defendant's MOTION for Summary Judgment by Permon Thomas (Attachments: # 1 Exhibit Continued, # 2 Exhibit Continued, # 3 Exhibit)(jua) (Entered: 10/25/2012)
812012-10-25 RESPONSE in Opposition re 67 Defendant's MOTION for Summary Judgment filed by Permon Thomas. (jua) (Entered: 10/25/2012)
822012-10-25 AFFIDAVIT in Opposition re 67 Defendant's MOTION for Summary Judgment filed by Permon Thomas. (jua) (Entered: 10/25/2012)
832012-10-29 *Endorsed Order, The plaintiff filed an amended complaint, without leave to do so. (DE#79). It is past the dates entered in the Pre-Trial Scheduling Order and the case is at the summary judgement stage. This amendment should be stricken. Signed by Magistrate Judge Patrick A. White on 10/29/2012. (cz) (Entered: 10/29/2012)
842012-10-30 MOTION to Excuse the Late Filing of his Pre-Trial Statement and to Extend the Time for him to File his Pre-Trial Statement by Permon Thomas. Responses due by 11/16/2012 (gp) (Entered: 10/31/2012)
852012-11-01 Statement of: Pretrial by Permon Thomas (ail) (Entered: 11/01/2012)
862012-11-01 Witness List by Permon Thomas.. (ail) (Entered: 11/01/2012)
872012-11-01 Exhibit List for Trial by Permon Thomas.. (ail) (Entered: 11/01/2012)
882012-11-05 ORDER granting 84 Motionto excuse late filing and for Extension of Time to file pre trial statement. Signed by Magistrate Judge Patrick A. White on 11/5/2012. (cz) (Entered: 11/05/2012)
892012-11-06 PRETRIAL STIPULATION by Javier Rivera, Tate, Urbina (Savor, Kathleen) (Entered: 11/06/2012)
902012-11-08 ORDER ADOPTING REPORT AND RECOMMENDATIONS ; adopting Report and Recommendations re 71 Report and Recommendations and granting in part 57 motion to amend. Plaintiff's claims against Dr. Poveda are DISMISSED upon Plaintiff's failure to exhaust his administrative remedies. Certificate of Appealability: No Ruling Signed by Senior Judge Kenneth L. Ryskamp on 11/8/2012. (lk) (Entered: 11/08/2012)
912012-11-09 Summons (Affidavit) Returned Unexecuted by Permon Thomas as to Clark. (lk) (Entered: 11/13/2012)
922012-11-13 (STRICKEN by DE# 95.)OBJECTIONS to 71 Report and Recommendations by Permon Thomas. (lk) Modified to reflect "stricken" on 11/14/2012 (wc). (Entered: 11/13/2012)
932012-11-13 (STRICKEN by DE# 95.)OBJECTIONS to 71 Report and Recommendations by Permon Thomas. (lk) Modified to reflect "stricken" on 11/14/2012 (wc). (Entered: 11/13/2012)
942012-11-13 SECOND MOTION for Leave to File amended complaint against Dr. Poveda by Permon Thomas. (lk) (Entered: 11/13/2012)
952012-11-13 ENDORSED ORDER. Plaintiff's Objections [DE 92, 93] striken as untimely. The time to file objections to the Magistrate's Report and Recommendations [DE 71] has passed. The Court has already entered an order [DE 90] on this matter. Signed by Senior Judge Kenneth L. Ryskamp on 11/13/12. (bta) (Entered: 11/13/2012)
962012-11-15 ORDER granting 94 Motion for Leave to File an amendment demonstrating that he has exhausted all administrative remedies before filing against Dr. Poveda. The defendant may file a motion to dismiss if the plaintiff has not fully exhausted as this defendant has been dismissed without prejudice for failure to exhaust. Signed by Magistrate Judge Patrick A. White on 11/15/2012. (cz) (Entered: 11/15/2012)
972012-11-30 SUMMONS (Affidavit) Returned Executed on 79 Amended Complaint with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Urbina. Jason Hoskins served on 11/20/2012, answer due 12/4/2012. (lk) (Entered: 11/30/2012)
982012-12-04 Defendants ANSWER and Affirmative Defenses to Complaint with Jury Demand by Jason Hoskins.(Savor, Kathleen) (Entered: 12/04/2012)
992012-12-18 SUMMONS (Affidavit) Returned Executed on 79 Amended Complaint with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Permon Thomas. Jose Lugo served on 12/17/2012, answer due 12/31/2012. (lk) (Entered: 12/19/2012)
1002012-12-28 MOTION for Service Of Process on Defendant Classification Office Clark/ Appointment of Special Process Server by Permon Thomas. Responses due by 1/14/2013 (cqs) (Entered: 12/28/2012)
1012013-01-02 ORDER denying 100 Motion to Appoint Special Process Server, the return was unexecuted and the plaintiff was to file an updated and correct address for this defendant. Signed by Magistrate Judge Patrick A. White on 1/2/2013. (cz) (Entered: 01/02/2013)
1022013-01-02 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Jose Lugo.(Savor, Kathleen) (Entered: 01/02/2013)
1032013-01-04 MOTION for Default Judgment by Permon Thomas. (ots) (Entered: 01/07/2013)
1042013-01-04 MOTION for Appointment of Special Process Server by Permon Thomas. Responses due by 1/22/2013 (ots) (Entered: 01/07/2013)
1052013-01-04 MOTION for Appointment of Special Process Server for Defendant Doctor Poveda by Permon Thomas. Responses due by 1/22/2013 (ots) (Entered: 01/07/2013)
1062013-01-10 ORDER denying 103 Motion for Default Judgment, Defendant Lugo has filed an Answer. ; denying 104 Motion to Appoint Special Process Server. ; denying 105 Motion to Appoint Special Process Server. Signed by Magistrate Judge Patrick A. White on 1/10/2013. (cz) (Entered: 01/10/2013)
1072013-02-08 REPORT AND RECOMMENDATIONS on 42 USC 1983 case re 73 MOTION for Summary Judgment filed by Permon Thomas, 67 Defendant's MOTION for Summary Judgment filed by Urbina, Tate, Javier Rivera Recommending that (1) defendant Tate, Rivera and Urbinas motion for summary judgment [DE#67] be treated as a motion to dismiss on the issue of exhaustion and be GRANTED on that basis, and (2) Plaintiffs cross-motion for summary judgment as to his claims against defendants Tate, Rivera and Urbina [DE#73] therefore be DENIED. Objections to R&R due by 2/25/2013. Signed by Magistrate Judge Patrick A. White on 2/8/2013. (br) (Entered: 02/08/2013)
1082013-03-01 OBJECTIONS to Magistrate's 107 Report and Recommendations by Permon Thomas. (tpl) (Main Document 108 replaced on 3/1/2013) (tpl). (Entered: 03/01/2013)
1092013-03-20 ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Granting 67 Motion for Summary Judgment; Denying 73 Motion for Summary Judgment; re 107 Report and Recommendations. Certificate of Appealability: No Ruling Signed by Senior Judge Kenneth L. Ryskamp on 3/20/2013. (lk) (Entered: 03/20/2013)
1102013-04-22 Notice of Appeal filed by Permon Thomas re 109 Order Adopting Report and Recommendations, Order on Motion for Summary Judgment, by Permon Thomas. Filing Fee: (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. (amb) (Entered: 04/23/2013)
1112013-04-24 Acknowledgment of Receipt of NOA from USCA re 110 Notice of Appeal, filed by Permon Thomas. Date received by USCA: 4/23/2013. USCA Case Number: 13-11760-E. (amb) (Entered: 04/24/2013)
1122013-05-06 Defendant's MOTION for Summary Judgment by Jason Hoskins, Jose Lugo. Responses due by 5/23/2013 (Attachments: # 1 Exhibit A-H, # 2 Exhibit I-J)(Savor, Kathleen) (Entered: 05/06/2013)
1132013-05-06 AFFIDAVIT Accompanying Motion for Permission to Appeal in forma pauperis by Permon Thomas (tpl) (Entered: 05/06/2013)
1142013-05-07 TRANSCRIPT INFORMATION FORM by Permon Thomas re 110 Notice of Appeal,. No Transcript Requested. (amb) (Entered: 05/07/2013)
1152013-05-09 ORDER INSTRUCTING PRO SE PLAINTIFF CONCERNING RESPONSE to 112 Defendant's MOTION for Summary Judgment .(Responses due by 6/7/2013) Signed by Magistrate Judge Patrick A. White on 5/9/2013. (tw) (Entered: 05/09/2013)
1162013-06-28 ORDER of DISMISSAL from USCA. This appeal is DISMISSED, sua sponte, for lack of jurisdiction. No motion for reconsideration may be filed unless it complies with the timing and other requirements of 11th Cir.R. 27-2 and all other applicable rules re 110 Notice of Appeal, filed by Permon Thomas. USCA #13-11760-E (amb) (Entered: 06/28/2013)