Case Details

CourtSouthern District of Florida
Docket number1:12-cv-20790
Date case filed2012-02-27
Date case closed2013-08-30
Date of latest filing
Assigned toJudge Marcia G. Cooke
Case cause42:1983 State Prisoner Civil Rights
Nature of suit550 Prisoner: Civil Rights
Jury demandDefendant
Demand
JurisdictionFederal Question

Case Parties

Party: James Melvin Cramer
Party type: Plaintiff
Attorney name: James Melvin Cramer
Attorney Contact:
Y02665
Jefferson Correctional Institution
Inmate Mail/Parcels
1050 Big Joe Road
Monticello, FL 32344
PRO SE
Party: Jorge Aguliar
Party type: Defendant
Medical Doctor
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: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: William Churchwell
Party type: Defendant
Warden, Florida Department of Corrections
Party: Page Armand Smith
Party type: Defendant
Doctor,Ward Supervisor
TERMINATED: 03/01/2013
Party: Christopher Beiser
Party type: Defendant
Doctor
TERMINATED: 03/01/2013
Party: Prison Healthcare Services
Party type: Defendant
Administrator Ms. Tate
TERMINATED: 03/01/2013
Party: Leilani Insua
Party type: Defendant
Medical Director
TERMINATED: 12/26/2012
Attorney name: Kathleen Mary Savor
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Julio Poveda
Party type: Defendant
Doctor
Attorney name: Kathleen Mary Savor
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Martha Humphries
Party type: Defendant
Warden, Regional Reception and Medical Center
TERMINATED: 03/01/2013
Party: Healthcare Services Administrator
Party type: Defendant
Florida's Healthcare Carrier, Lake Butler, Florida, (RMC)
TERMINATED: 03/01/2013
Attorney name: Kathleen Mary Savor
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Warden Cummings
Party type: Defendant
TERMINATED: 05/03/2012
Party: Department of Financial Services
Party type: Defendant
TERMINATED: 03/01/2013

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-02-27 COMPLAINT against Jorge Aguliar, Christopher Beiser, William Churchwell, Cummings, Department of Financial Services, Healthcare Services Administrator, Martha Humphries, Leilani Insua, Julio Poveda, Prison Healthcare Services, Page Armand Smith. Filing fee $ 350.00. IFP Filed, filed by James Melvin Cramer. (Attachments: # 1 Appendix A, # 2 Appendix A cont'd, # 3 Appendix A cont'd, # 4 Appendix A cont'd, # 5 Appendix A cont'd, # 6 Appendix B, # 7 Summon(s))(cqs) (Entered: 02/27/2012)
1.1 Appendix A
1.2 Appendix A cont'd
1.3 Appendix A cont'd
1.4 Appendix A cont'd
1.5 Appendix A cont'd
1.6 Appendix B
1.7 Summon(s)
22012-02-27 Judge Assignment to Judge Marcia G. Cooke (cqs) (Entered: 02/27/2012)
32012-02-27 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. (cqs) (Entered: 02/27/2012)
42012-02-27 Application to Proceed Without Prepayment of Fees and Affidavit;Inmate account Statement attached by James Melvin Cramer. (cqs) (Entered: 02/27/2012)
52012-03-12 ORDER PERMITTING PLAINTIFF TO PROCEED WITHOUT PREPAYMENT OF FILING FEE BUT ESTABLISHING DEBT TO CLERKK OF $350.00 and Granting 4 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Patrick A. White on 3/12/2012. (tw) (Entered: 03/12/2012)
62012-03-12 ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Magistrate Judge Patrick A. White on 3/12/2012. (tw) (Entered: 03/12/2012)
72012-03-15 REPORT AND RECOMMENDATIONS on 42 USC 1983 case re 1 Complaint,, filed by James Melvin Cramer Recommending 1. The Eighth Amendment claims should proceed against the following defendants in their individual capacities: A.Dr. BeiserLake Butler RMC, B. Dr. SmithLake Butler RMC, C. John Doe HSA-Lake Butler RMC, D. Lake Butler Warden Humphries, E. Dr. PovedaDCI, F. Dr. AguliarDCI, G. DCI Medical Director Insua, H. DCI Warden Churchwell. 2. The claims against the following defendants are subject to dismissal pursuant to 28 U.S.C. ยง1915(e)(2)(B)(ii) for failure to state a constitutional claim upon which relief may be granted: A. DCI Warden Cummings and B. DCI HSA Tate. 3. Service will be ordered by separate order. Objections to R&R due by 4/2/2012. Signed by Magistrate Judge Patrick A. White on 3/14/2012. (tw) (Entered: 03/15/2012)
82012-03-19 ORDER RE SERVICE OF PROCESS REQUIRING PERSONAL SERVICE UPON AND INDIVIDUAL. The United States Marshal shallserve a copy of the complaint and appropriate summons upon:Dr. Christopher Beiser, Reception and Medical Center, Main Unit, P. O. Box 628, Highway 231, Lake Butler, FL 32054-0628, Dr. Page Armand Smith, Reception and Medical Center, Main Unit, P. O. Box 628, Highway 231, Lake Butler, FL 32054-0628, John Doe, Health Services Administrator, Reception and Medical Center, Main Unit, P. O. Box 628, Highway 231, Lake Butler, FL 32054-0628, Warden Martha Humphries, Reception and Medical Center, Main Unit, P. O. Box 628, Highway 231, Lake Butler, FL 32054-0628, Dr. Julio Poveda, Dade Correctional Institution, 19000 S.W. 377th Street, Florida City, FL 33034-6499, Dr. Jorge Aguliar, Dade Correctional Institution, 19000 S.W. 377th Street, Florida City, FL 33034-6499, Leilani Insua, Medical Director, Dade Correctional Institution, 19000 S.W. 377th Street, Florida City, FL 33034-6499 and William Churchwell, Warden, Dade Correctional Institution, 19000 S.W. 377th Street, Florida City, FL 33034-64. Signed by Magistrate Judge Patrick A. White on 3/19/2012. (tw) (Entered: 03/19/2012)
92012-03-19 Motion Of Cause/ MOTION to Produce by James Melvin Cramer. (cqs) (Entered: 03/20/2012)
102012-03-19 MOTION for Immediate Discovery by James Melvin Cramer. Responses due by 4/5/2012 (cqs) (Entered: 03/20/2012)
112012-03-20 Summons Issued as to Jorge Aguliar, Christopher Beiser, William Churchwell, Healthcare Services Administrator, Martha Humphries, Leilani Insua, Julio Poveda, Page Armand Smith. (cqs) (Entered: 03/20/2012)
122012-03-26 ORDER denying 9 Motion to Produce; denying 10 Motion for Discovery, service has not been effected on defendants at this date.. Signed by Magistrate Judge Patrick A. White on 3/26/2012. (cz) (Entered: 03/26/2012)
132012-03-29 SUMMONS (Affidavit) Returned Executed on 1 Complaint,, Jorge Aguliar served on 3/27/2012, answer due 4/17/2012. (cqs) (Entered: 03/29/2012)
142012-03-29 SUMMONS (Affidavit) Returned Executed on 1 Complaint,, Julio Poveda served on 3/27/2012, answer due 4/17/2012. (cqs) (Entered: 03/29/2012)
152012-03-29 SUMMONS (Affidavit) Returned Executed on 1 Complaint,, James Melvin Cramer served on 3/27/2012, answer due 4/17/2012. (cqs) (Entered: 03/29/2012)
162012-04-16 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Jorge Aguliar, Leilani Insua, Julio Poveda.(Savor, Kathleen) (Entered: 04/16/2012)
172012-04-18 SCHEDULING ORDER: Amended Pleadings due by 8/24/2012. Discovery due by 8/10/2012. Joinder of Parties due by 8/24/2012. Motions due by 9/14/2012.. Signed by Magistrate Judge Patrick A. White on 4/17/2012. (tw) (Entered: 04/18/2012)
182012-05-01 Summons (Affidavit) Returned Unexecuted by James Melvin Cramer as to Christopher Beiser. (ail) (Entered: 05/01/2012)
192012-05-01 Summons (Affidavit) Returned Unexecuted by James Melvin Cramer as to Martha Humphries. (ail) (Entered: 05/01/2012)
202012-05-01 Summons (Affidavit) Returned Unexecuted by James Melvin Cramer as to Page Armand Smith. (ail) (Entered: 05/01/2012)
212012-05-02 TOMLINSON's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Healthcare Services Administrator.(Savor, Kathleen) (Entered: 05/02/2012)
222012-05-01 SUMMONS (Affidavit) Returned Executed on 1 Complaint,, by James Melvin Cramer. Health Services Administrator served on 4/6/2012, answer due 4/27/2012. (ail) (Entered: 05/02/2012)
232012-05-03 ORDER that the plaintiff shall supply the Court with current addresses for the above named defendants on or before June 29, 2012, or risk dismissal of these defendants. Signed by Magistrate Judge Patrick A. White on 5/3/2012. (tw) (Entered: 05/03/2012)
242012-05-03 ORDER ADOPTING 7 Report and Recommendations. Certificate of Appealability: No Ruling. Signed by Judge Marcia G. Cooke on 5/3/2012. (tm) (Entered: 05/03/2012)
252012-05-18 MOTION/Application for Appointment of Counsel by James Melvin Cramer. Responses due by 6/4/2012 (ar2) (Entered: 05/18/2012)
262012-05-22 ORDER denying 25 Motion to Appoint Counsel. Signed by Magistrate Judge Patrick A. White on 5/22/2012. (cz) (Entered: 05/22/2012)
272012-05-25 MOTION to Take Deposition from James Cramer by Jorge Aguliar, Healthcare Services Administrator, Leilani Insua, Julio Poveda. (Savor, Kathleen) (Entered: 05/25/2012)
282012-05-29 ORDER granting 27 Motion to Take Deposition from James Cramer, 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)
292012-06-04 MOTION to Correct Address Re: 23 Order by James Melvin Cramer. Responses due by 6/21/2012 (ar2) (Entered: 06/05/2012)
302012-06-04 NOTICE of Filing Discovery: Request for Health Records by James Melvin Cramer.(ar2) (Entered: 06/05/2012)
312012-07-11 MOTION to Summons Re: 23 Order by James Melvin Cramer. (ar2) (Entered: 07/12/2012)
322012-07-18 ORDER denying 29 Motion to Amend/Correct as moot. DE#31 seeks the same relief and a recommendation as to this motion will be entered shortly. Signed by Magistrate Judge Patrick A. White on 7/18/2012. (cz) (Entered: 07/18/2012)
332012-07-23 MOTION to Compel this Court to Order the Department of Corrections Record Custodian to Provide for Plaintiff's viewing all of his medical records by James Melvin Cramer. Responses due by 8/9/2012 (ar2) (Entered: 07/24/2012)
342012-07-24 SECOND ORDER RE SERVICE OF PROCESS REQUIRING PERSONAL SERVICE UPON AN INDIVIUDAL. The United States Marshal shall serve a copy of the complaint and appropriate summons upon: William Churchwell, Warden, Washington Correctional Institution, 4455 Sam Mitchell Drive, Chipley, FL 32428. Signed by Magistrate Judge Patrick A. White on 7/24/2012. (tw) (Entered: 07/24/2012)
352012-07-25 ORDER denying 33 Motion to Compel production of his medical records. The plaintiff is permitted to view his records and must work within the rules of his place of incarceration. Signed by Magistrate Judge Patrick A. White on 7/24/2012. (cz) (Entered: 07/25/2012)
362012-07-26 Summons Issued as to William Churchwell. (br) (Entered: 07/26/2012)
372012-07-27 REPORT AND RECOMMENDATIONS on 42 USC 1983 case. Granting 31 MOTION to Summons re 23 Order filed by James Melvin Cramer. Objections to R&R due by 8/13/2012 Signed by Magistrate Judge Patrick A. White on 7/27/2012. (tw) (Entered: 07/27/2012)
382012-08-06 MOTION for Extension of Time to Pursue Discovery by James Melvin Cramer. (ar2) (Entered: 08/07/2012)
392012-08-08 ORDER granting 38 Motion for Extension of Time to Complete Discovery, all dates entered in pre-trial scheduling order are extended for thirty days. Signed by Magistrate Judge Patrick A. White on 8/8/2012. (cz) (Entered: 08/08/2012)
402012-08-10 OBJECTIONS to 37 Report and Recommendations by James Melvin Cramer. (jc) (Entered: 08/10/2012)
412012-08-28 MOTION for Leave to File Amended Complaint by James Melvin Cramer. (Attachments: # 1 Amended Complaint)(ar2) (Entered: 08/29/2012)
422012-08-30 ORDER granting 31 Motion FOR SUMMONS WAS GRANTED BY PRIOR ORDER. Signed by Magistrate Judge Patrick A. White on 8/30/2012. (cz) (Entered: 08/30/2012)
432012-09-17 MOTION to Dismiss Warden Riddell, Lisa Tomlinson, and Leilani Insua as Defendants Re: 17 Scheduling Order by James Melvin Cramer. Responses due by 10/4/2012. (ar2) (Entered: 09/17/2012)
442012-09-18 REPORT AND RECOMMENDATIONS granting 43 MOTION to Dismiss 17 Scheduling Order filed by James Melvin Cramer, and that these defendants bee dismissed. Objections to R&R due by 10/5/2012 Signed by Magistrate Judge Patrick A. White on 9/18/2012. (tw) (Entered: 09/18/2012)
452012-09-20 ORDER ADOPTING REPORT AND RECOMMENDATIONS, granting in part and denying in part 31 Motion to Correct Addresses filed by James Melvin Cramer ; Certificate of Appealability: No Ruling. Signed by Judge Marcia G. Cooke on 9/20/2012. (tm) (Entered: 09/20/2012)
462012-10-01 Pretrial Statement by James Melvin Cramer Re: 17 Scheduling Order. (ar2) (Entered: 10/01/2012)
472012-10-12 Defendant's MOTION for Summary Judgment by Jorge Aguliar, Julio Poveda. Responses due by 10/29/2012 (Attachments: # 1 Exhibit Part I, # 2 Exhibit Part II)(Savor, Kathleen) (Entered: 10/12/2012)
482012-10-15 ORDER INSTRUCTING PRO SE PLAINTIFF CONDERNING RESPONSE to 47 Defendant's MOTION for Summary Judgment .( Responses due by 11/8/2012) Signed by Magistrate Judge Patrick A. White on 10/15/2012. (tw) (Entered: 10/15/2012)
492012-10-19 MOTION/Requesting the Court to Change the Wording Re: 45 Order Adopting Report and Recommendations, to make it Appealable by James Melvin Cramer. (ar2) (Entered: 10/19/2012)
502012-10-19 Notice of Appeal filed by James Melvin Cramer re 45 Order Adopting Report and Recommendations, by James Melvin Cramer. IFP Filed/CJA Appointment. 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: 10/26/2012)
512012-10-19 MOTION for Leave to Appeal in forma pauperis by James Melvin Cramer. (amb) (Entered: 10/26/2012)
522012-10-29 ORDER denying 49 Motion Signed by Magistrate Judge Patrick A. White on 10/29/2012. (cz) (Entered: 10/29/2012)
532012-11-05 Acknowledgment of Receipt of NOA from USCA re 50 Notice of Appeal, filed by James Melvin Cramer. Date received by USCA: 11/1/2012. USCA Case Number: 12-15617-F. (amb) (Entered: 11/05/2012)
542012-11-05 ORDER denying 41 Motion for Leave to File the case is at the summary judgement stage. Signed by Magistrate Judge Patrick A. White on 11/5/2012. (cz) (Entered: 11/05/2012)
552012-11-05 MOTION for Extension of Time to File Response as to 47 Defendant's MOTION for Summary Judgment by James Melvin Cramer. (tp) (Entered: 11/06/2012)
562012-11-05 NOTICE OF INQUIRY by James Melvin Cramer re 52 Order on Motion for Miscellaneous Relief (tp) (Entered: 11/06/2012)
572012-11-07 Statement of: Pretrial Statement by Jorge Aguliar, Julio Poveda (Savor, Kathleen) (Entered: 11/07/2012)
582012-11-07 ORDER respectfully deferring ruling on 51 Motion for Leave to Appeal in forma pauperis to United States District Judge; granting 55 Motion for Extension of Time to File Response/Reply re 55 Responses due by 11/29/2012) Signed by Magistrate Judge Patrick A. White on 11/7/2012. (cz) (Entered: 11/07/2012)
592012-12-03 EXHIBITS by James Melvin Cramer re: 47 Defendant's MOTION for Summary Judgment filed by Julio Poveda, Jorge Aguliar. Related document: 47 Defendant's MOTION for Summary Judgment filed by Julio Poveda, Jorge Aguliar. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(tp) (Entered: 12/05/2012)
602012-12-05 PLAINTIFF MOTION IN RESPONSE to Motion re 47 Defendant's MOTION for Summary Judgment filed by James Melvin Cramer. Replies due by 12/17/2012. (tp) (Entered: 12/06/2012)
612012-12-07 MOTION Petition for Permission to Appeal Magistrate's Order Document # 54 Denying Leave to Amend by James Melvin Cramer. (hh) (Entered: 12/07/2012)
622012-12-07 MOTION for Leave to Appeal in forma pauperis by James Melvin Cramer. (hh) (Entered: 12/07/2012)
632012-12-10 ORDER respectfully deferring ruling on 61 Motion ; and deferring ruling on 62 Motion for Leave to Appeal in forma pauperis to the United States District Judge. Signed by Magistrate Judge Patrick A. White on 12/10/2012. (cz) (Entered: 12/10/2012)
642012-12-26 ORDER ADOPTING REPORT AND RECOMMENDATIONS granting 43 Motion to Dismiss as to Defendants Warden Riddell, Lisa Tomlison and Leilani Insua. Signed by Judge Marcia G. Cooke on 12/26/2012. (tm) (Entered: 12/26/2012)
652012-12-26 MOTION to Add Important Evidence of Pain and Suffering by James Melvin Cramer. Responses due by 1/14/2013 (tp) (Entered: 12/26/2012)
662012-12-27 ORDER granting 65 Motion to Amend/Correct to add pain and suffering evidenice, this Order is not a ruling on the relevancy of the evidence. Signed by Magistrate Judge Patrick A. White on 12/27/2012. (cz) (Entered: 12/27/2012)
672013-01-22 ORDER of DISMISSAL from USCA. This appeal is DISMISSED, sua sponte, for lack of jurisdiction re 50 Notice of Appeal, filed by James Melvin Cramer. 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. USCA #12-15617-F (amb) (Entered: 01/22/2013)
682013-01-30 ORDER denying 51 Motion for Leave to Appeal in forma pauperis; denying 62 Motion for Leave to Appeal in forma pauperis Signed by Judge Marcia G. Cooke on 1/30/2013. (tm) (Entered: 01/30/2013)
692013-02-11 *Endorsed Order Further review of the plaintiff's motion to amend, with enclosed amendment, denied by prior Order, reveals that it is sixty five handwritten pages which is abusive to the Court. Fed.R.Civ.P. 8(a)(2) requires a short plain statement and the general rule of thumb is twenty pages. See Local Rule 7, requiring a maximum of twenty pages for memorandum in habeascases. Signed by Magistrate Judge Patrick A. White on 2/11/2013. (cz) (Entered: 02/11/2013)
702013-02-12 ENDORSED ORDER Granting 61 Motion and Granting Leave to Amend Complaint. Plaintiff shall file his Amended Complaint on or before March 4, 2013. The Amended Complaint shall not exceed twenty pages. Signed by Judge Marcia G. Cooke on 2/12/2013. (af00) (Entered: 02/12/2013)
712013-03-01 AMENDED COMPLAINT against Jorge Aguliar, William Churchwell, Julio Poveda, filed by James Melvin Cramer. (Attachments: # 1 Exhibit)(tpl) (Entered: 03/01/2013)
722013-05-06 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Jorge Aguliar, Julio Poveda.(Savor, Kathleen) (Entered: 05/06/2013)
732013-05-06 NOTICE by Jorge Aguliar, Julio Poveda re 47 Defendant's MOTION for Summary Judgment Renewed Motion (Savor, Kathleen) (Entered: 05/06/2013)
742013-05-07 ORDER instruction pro se plaintiff concerning response to 47 Defendant's MOTION for Summary Judgment .( Responses due by 5/30/2013) Signed by Magistrate Judge Patrick A. White on 5/7/2013. (tw) (Entered: 05/07/2013)
752013-06-04 AFFIDAVIT by James Melvin Cramer (tpl) (Entered: 06/04/2013)
762013-06-04 RESPONSE to 47 Defendant's MOTION for Summary Judgment filed by James Melvin Cramer. Replies due by 6/14/2013. (tpl) (Entered: 06/04/2013)
772013-06-04 MOTION Requesting Dismissal of Defendant by James Melvin Cramer. (tpl) (Entered: 06/04/2013)
782013-08-07 REPORT AND RECOMMENDATIONS re 77 MOTION Requesting Dismissal of Defendant filed by James Melvin Cramer, 47 Defendant's MOTION for Summary Judgment filed by Julio Poveda, Jorge Aguliar. Recommending 1. As to Defendant Poveda, that the Motion for Summary Judgment (DE#47) be GRANTED and this case be dismissed with prejudice, because Plaintiff has failed to etablish any constitutional violation; and; 2. As to Defendant Aguilar, that the Plaintiff's motion to dismiss Aguilar (DE# 77) as a defendant be GRANTED and; 3. That the case be closed. Objections to R&R due by 8/26/2013 Signed by Magistrate Judge Patrick A. White on 8/7/2013. (tw) (Entered: 08/07/2013)
792013-08-29 OBJECTIONS to Magistrate's 78 Report and Recommendations by James Melvin Cramer. (tpl) (Entered: 08/29/2013)
802013-08-30 ORDER granting 47 Motion for Summary Judgment; granting 77 Motion to Dismiss; Adopting 78 Report and Recommendations; and Dismissing Case With Prejudice. Signed by Judge Marcia G. Cooke on 8/30/2013. (af00) (Entered: 08/30/2013)