JONES v. BAY COUNTY SHERIFF'S DEPARTMENT et al Assigned to: JUDGE RICHARD SMOAK Referred to: MAGISTRATE JUDGE MILES DAVIS Cause: 42:1983 Prisoner Civil Rights |
Date Filed: 06/28/2007 Jury Demand: Both Nature of Suit: 555 Prison Condition Jurisdiction: Federal Question |
| Plaintiff | ||
| FRANK JONES | represented by | FRANK JONES Q18774 HAMILTON CORRECTIONAL INSTITUTION 10650 SW 46TH STREET JASPER, FL 32052 PRO SE |
V. |
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| Defendant | ||
| BAY COUNTY SHERIFF'S DEPARTMENT TERMINATED: 02/14/2008 |
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| Defendant | ||
| FRANK MCKEITHEN SHERIFF TERMINATED: 02/14/2008 |
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| Defendant | ||
| STEVE RUTHERFORD OFFICER |
represented by | BARBARA C FROMM JOLLY & PETERSON PA - TALLAHASSEE FL 2145 DELTA BLVD STE 200 [32315} PO BOX 37400 TALLAHASSEE , FL 32315 850-422-0282 Fax: 850-422-1913 Email: bcf@jollylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| FAITH BELL LIEUTENANT (DEPUTY SHERIFF) |
represented by | BARBARA C FROMM (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/28/2007 | 1 | COMPLAINT against BAY COUNTY SHERIFF'S DEPARTMENT, FRANK MCKEITHEN and STEVE RUTHERFORD, filed by FRANK JONES.
Two (2) service copies (lcu) (Entered: 06/29/2007) |
| 06/28/2007 | 2 | MOTION for Leave to Proceed in forma pauperis by FRANK JONES. (lcu) (Entered: 06/29/2007) |
| 06/29/2007 | 3 | Notice to Pro Se (lcu) (Entered: 06/29/2007) |
| 06/29/2007 | ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 2 MOTION for Leave to Proceed in forma pauperis.
Motions referred to MILES DAVIS. (lcu) (Entered: 06/29/2007) |
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| 07/16/2007 | 4 | ORDER signed by Judge MILES DAVIS on 7/16/07. The clerk is directed to forward to the plaintiff a complete set of forms needed for filing a motion to proceed in forma pauperis. Within thirty (30) days from the date of this order, plaintiff shall file either the completed in forma pauperis motion, or payment in the amount of $350.00.
IFP motion mailed to Plaintiff (complete set) Fee or IFP motion due by 8/15/2007. (lcu) (Entered: 07/16/2007) |
| 07/26/2007 | 5 | MOTION for Leave to Proceed in forma pauperis w/Prisoner Consent Form and Financial Certificate by FRANK JONES. (lcu) (Entered: 07/30/2007) |
| 07/30/2007 | ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 5 MOTION for Leave to Proceed in forma pauperis.
Motions referred to MILES DAVIS. (lcu) (Entered: 07/30/2007) |
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| 08/15/2007 | 6 | ORDER GRANTING 2 MOTION for Leave to Proceed in forma pauperis and 5 MOTION for Leave to Proceed in forma pauperis filed by FRANK JONES. The clerk of court shall assess plaintiff $13.36 as an initial partial filing fee as provided in 28 U.S.C. § 1915(b)(1)(A). THE TOTAL FILING FEE IN THIS CASE IS $350.00. Plaintiff shall have thirty (30) days in which to submit the initial partial filing fee as assessed by the clerk of court. The clerk of court shall MAIL a copy of this order with the appropriate cover letter to: Bay County Jail, 314-1/2 Harmon Avenue, Panama City, FL 32401, ATTN: Finance Dept. Signed by Judge MILES DAVIS on 8/15/07.
Fee due by 9/14/2007 (lcu) (Entered: 08/15/2007) |
| 08/28/2007 | 7 | Mail Returned as Undeliverable. Mail sent to FRANK JONES Re: 6 ORDER. (lcu) (Entered: 08/28/2007) |
| 08/28/2007 | ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 7 Mail Returned. (lcu) (Entered: 08/28/2007) | |
| 08/31/2007 | 9 | ORDER OF DEFICIENCY, in re: Plaintiff's Letter received on August 29, 2007. The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing, although the clerk shall note the plaintiff's new address. Signed by Judge MILES DAVIS on 8/31/07.
Address changed to: Reception and Medical Center, Main Unit, Cell #I2-112U, P. O. Box 628, Lake Butler, FL 32054. (lcu) (Entered: 08/31/2007) |
| 08/31/2007 | 10 | AMENDED ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS, in re 2 and 5 . The clerk of court shall assess plaintiff $13.36 as an initial partial filing fee as provided in 28 U.S.C. § 1915(b)(1)(A). THE TOTAL FILING FEE IN THIS CASE IS $350.00. Plaintiff shall have thirty (30) days in which to submit the initial partial filing fee as assessed by the clerk of court. The clerk of court shall MAIL a copy of this order with the appropriate cover letter to: Department of Corrections, 2601 Blairstone Road, Tallahassee, FL 32399-2500, Attention: Agency Clerk. Signed by Judge MILES DAVIS on 8/31/07.
Initial Partial Filing Fee due by 10/1/2007 (lcu) (Entered: 08/31/2007) |
| 10/02/2007 | ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 10 Order - NO RESPONSE. (lcu) (Entered: 10/02/2007) | |
| 10/05/2007 | 11 | INITIAL PARTIAL Filing fee : $ 13.36, receipt number FLN 3-1214.
Mailed copy to Plaintiff (lcu) (Entered: 10/09/2007) |
| 10/09/2007 | ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 11 Filing Fee Received. (lcu) (Entered: 10/09/2007) | |
| 10/09/2007 | 13 | MOTION (AFFIDAVIT OF INDIGENCY) for Leave to Proceed in forma pauperis by FRANK JONES.
Change of Address to Harmilton Correctional Institution, 10650 SW 46th Street, Jasper, FL 32052 noted (lcu) (Entered: 10/16/2007) |
| 10/11/2007 | 12 | ORDER. The clerk of court shall forward to the plaintiff a civil rights complaint form for use in actions under 42 U.S.C. §1983. The plaintiff shall have thirty (30) days in which to file an amended civil rights complaint. Signed by Judge MILES DAVIS on 10/11/07.
1983 civil rights complaint form mailed to Plaintiff Amended Pleadings due by 11/13/2007. (lcu) (Entered: 10/11/2007) |
| 10/16/2007 | ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 13 MOTION for Leave to Proceed in forma pauperis.
Motion referred to MILES DAVIS. (lcu) (Entered: 10/16/2007) |
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| 10/23/2007 | 14 | ORDER denying as moot 13 Motion for Leave to Proceed in forma pauperis. Leave to so proceed has already been granted (doc. 10) and the initial partial filing fee has been paid (doc. 11). Signed by Judge MILES DAVIS on 10/23/07. (lcu) (Entered: 10/23/2007) |
| 10/29/2007 | 16 | ORDER OF DEFICIENCY, in re: PLAINTIFF'S MOTION FOR EXTENSION OF TIME received by Clerk on October 26, 2007. The submitted hard copy of the document shall be docketed by the Clerk. Any future pleadings that do not comply with the Local Rules of this court may be returned to plaintiff without consideration by the court. Plaintiff's motion for extension of time is GRANTED. He shall file his amended complaint on or before December 10, 2007. Signed by Judge MILES DAVIS on 10/29/07.
Amended Pleadings due by 12/10/2007. (lcu) (Entered: 10/29/2007) |
| 10/29/2007 | 17 | MOTION to Extend Time to file amended civil rights complaint by FRANK JONES.
Motion granted 16 Order. (lcu) (Entered: 10/29/2007) |
| 11/01/2007 | 18 | PARTIAL Filing fee: $ 9.00, receipt number FLN 4-3217 (lcu) (Entered: 11/08/2007) |
| 11/20/2007 | 19 | PARTIAL Filing fee: $ 20.00, receipt number FLN 4-3379 (lcu) (Entered: 11/29/2007) |
| 12/10/2007 | 20 | FIRST AMENDED COMPLAINT, filed by FRANK JONES. (lcu) (Entered: 12/12/2007) |
| 12/12/2007 | ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MILES DAVIS notified that action is needed Re: 20 Amended Complaint. (lcu) (Entered: 12/12/2007) | |
| 12/17/2007 | 21 | ORDER re 20 Amended Complaint filed by FRANK JONES. Within thirty days from the date of this order, plaintiff shall submit two (2) identical copies of his amended complaint. (Miscellaneous Deadline - by 1/16/2008). Signed by MAGISTRATE JUDGE MILES DAVIS on 12/17/07. (lcu) (Entered: 12/17/2007) |
| 01/09/2008 | 23 | ORDER OF DEFICIENCY, in re: PLAINTIFF'S AMENDED COMPLAINT received by Clerk of Court on January 7, 2008. The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. Plaintiff states on the document that he is responding to the court order to provide the name of defendant Jane Doe, who he now identifies as Faith Bell. The clerk shall forward to plaintiff a complaint form for use in § 1983 cases. Plaintiff shall fully and completely fill out the " Second Amended Complaint" as he did with the First Amended Complaint, substituting Ms. Bell for Jane Doe where appropriate. He shall file the original Second Amended Complaint and two identical service copies within thirty days from the date of this order. Signed by MAGISTRATE JUDGE MILES DAVIS on 1/9/08.
1983 civil rights complaint form mailed to Plaintiff. (Amended Pleadings due by 2/8/2008) (lcu) (Entered: 01/10/2008) |
| 01/28/2008 | 24 | SECOND AMENDED COMPLAINT against STEVE RUTHERFORD and FAITH BELL, filed by FRANK JONES.
Two (2) service copies (lcu) (Entered: 01/28/2008) |
| 01/28/2008 | ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MILES DAVIS notified that action is needed Re: 24 Second Amended Complaint. (lcu) (Entered: 01/28/2008) | |
| 02/13/2008 | 25 | ORDER re 24 Amended Complaint filed by FRANK JONES. The clerk shall provide plaintiff with sufficient copies of the Process Receipt and Return form (a USM-285 form), and the Notice of Lawsuit and Request for Waiver of Service of Summons form (AO-398 form) for each defendant, along with a copy of this order. Within thirty (30) days from the date of this order, plaintiff shall submit: (a) one original completed Process Receipt and Return form (USM-285) for each defendant; and (b) one original and one copy of a completed Notice of Lawsuit and Waiver of Service of Summons form (AO-398) for each defendant. Signed by MAGISTRATE JUDGE MILES DAVIS on 2/13/08.
Two (2) each USM 285 forms and Notice of Lawsuit (AO 398) and Waiver of Service of Summons (AO 399) mailed to Plaintiff. Miscellaneous Deadline - by 3/17/2008. (lcu) (Entered: 02/14/2008) |
| 03/10/2008 | 28 | PARTIAL Filing fee: $ 25.00, receipt number FLN 4-4237 (lcu) (Entered: 03/12/2008) |
| 03/11/2008 | 27 | ORDER. The docket shall reflect that there are two Defendants in this action: Steve Rutherford and Faith Bell. The clerk shall issue summonses, indicating that Defendants have sixty (60) days in which to file a response to the complaint, and refer the summonses, a copy of this order for each Defendant, the service copies of the complaint, the completed USM-285 forms, the completed AO-398 forms and a copy of each, and two AO-399 forms to the United States Marshals Service (USMS). In any event, the Clerk shall refer this file to the undersigned forty-five (45) days from the date of this order. Signed by MAGISTRATE JUDGE MILES DAVIS on 3/11/08.
Notify Chambers on 4/25/2008 (lcu) (Entered: 03/12/2008) |
| 03/13/2008 | 29 | *** AMENDED ORDER re 24 Amended Complaint filed by FRANK JONES. The docket shall reflect that there are two Defendants in this action: Steve Rutherford and Faith Bell. The clerk shall issue summonses, indicating that Defendants have sixty (60) days in which to file a response to the second amended complaint, and refer the summonses, a copy of this order for each Defendant, the service copies of the complaint, the completed USM-285 forms, the completed AO-398 forms and a copy of each, and twoAO-399 forms to the United States Marshals Service (USMS). In any event, the Clerk shall refer this file to the undersigned forty-five (45) days from the date of this order. Signed by MAGISTRATE JUDGE MILES DAVIS on 3/13/08.
***This order is amended to reflect reference to the plaintiff's second amended complaint - amending 27 Order. Notify Chambers on 4/28/2008. (lcu) (Entered: 03/13/2008) |
| 03/13/2008 | 30 | Summons Issued as to FAITH BELL and STEVE RUTHERFORD and referred to USM with two (2) copies of this order, service copies of second amended complaint, USM 285 forms, and AO-398 and AO-399 forms. (lcu) (Entered: 03/13/2008) |
| 04/29/2008 | ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MILES DAVIS notified that action is needed Re: 29 Order (lcu) (Entered: 04/29/2008) | |
| 04/29/2008 | 31 | PARTIAL Filing fee: $ 3.00, receipt number FLN 4-4585 (lcu) (Entered: 05/02/2008) |
| 04/29/2008 | 32 | PARTIAL Filing fee: $ 4.00, receipt number FLN 4-4585 (lcu) (Entered: 05/07/2008) |
| 05/28/2008 | 33 | NOTICE of Appearance by BARBARA C FROMM on behalf of FAITH BELL, STEVE RUTHERFORD (FROMM, BARBARA) (Entered: 05/28/2008) |
| 05/29/2008 | 34 | SUMMONS Returned Executed (USM 285 and attached summons) re 29 Order. STEVE RUTHERFORD served on 5/27/2008, answer due 7/28/2008. (lcu) (Entered: 05/30/2008) |
| 05/29/2008 | 35 | SUMMONS Returned Executed (USM 285 and attached summons) re 29 Order. FAITH BELL served on 5/27/2008, answer due 7/28/2008. (lcu) (Entered: 05/30/2008) |
| 07/16/2008 | 38 | PARTIAL Filing fee: $ 3.00, receipt number FLN 4-5149 (lcu) (Entered: 07/22/2008) |
| 07/21/2008 | 36 | ANSWER to 24 Amended Complaint and Affirmative Defenses by STEVE RUTHERFORD. (FROMM, BARBARA) (Entered: 07/21/2008) |
| 07/21/2008 | 37 | ANSWER to 24 Amended Complaint and Affirmative Defenses by FAITH BELL. (FROMM, BARBARA) (Entered: 07/21/2008) |
| 07/30/2008 | ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MILES DAVIS notified that action is needed Re: 36 Answer to Amended Complaint and 37 Answer to Amended Complaint. (lcu) (Entered: 07/30/2008) | |
| 07/31/2008 | 39 | CASE MANAGEMENT AND SCHEDULING ORDER signed by MAGISTRATE JUDGE MILES DAVIS on 7/31/08.
Discovery due by 10/31/2008, Notify Chambers on 10/31/2008, and Dispositive Motions to be filed by 11/20/2008 (lcu) (Entered: 07/31/2008) |
| 09/10/2008 | 40 | MOTION to Take Deposition from Plaintiff Frank Jones During Incarceration by FAITH BELL, STEVE RUTHERFORD. (FROMM, BARBARA) (Entered: 09/10/2008) |
| 09/10/2008 | ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MILES DAVIS notified that action is needed Re: 40 MOTION to Take Deposition from Plaintiff Frank Jones During Incarceration.
Motion referred to MILES DAVIS (lcu) (Entered: 09/10/2008) |
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| 09/11/2008 | 41 | ORDER granting 40 Motion to Take Deposition from FRANK JONES. Signed by MAGISTRATE JUDGE MILES DAVIS on 9/11/08. (lcu) (Entered: 09/11/2008) |
| 09/17/2008 | 42 | PARTIAL Filing fee: $ 16.00, receipt number FLN 4-5588 (lcu) (Entered: 09/22/2008) |
| 11/03/2008 | ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MILES DAVIS notified that action is needed Re: 39 Case Management and Scheduling Order (lcu) (Entered: 11/03/2008) | |
| 11/12/2008 | 43 | PARTIAL Filing fee: $ 4.00, receipt number FLN4...5962 (cbj) (Entered: 11/17/2008) |
| 11/24/2008 | ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MILES DAVIS notified that action is needed Re: 39 Order. Dispositive motions due 11/20/08. (lcu) (Entered: 11/24/2008) | |
| 11/25/2008 | 44 | ORDER. Plaintiff shall file his pre-trial narrative and related items on or before December 30, 2008. Defendants shall file their pre-trial narrative and related items on or before January 30, 2009. Defendants shall promptly advise the court if plaintiff fails to file and serve his pre-trial narrative on counsel for the defendants. Signed by MAGISTRATE JUDGE MILES DAVIS on 11/25/08.
Miscellaneous Deadline (Plaintiff)- by 12/30/2008 and Internal deadline for referral to judge if response (Defendants) not filed earlier: 1/30/2009) (lcu) (Entered: 11/25/2008) |
| 12/10/2008 | 46 | PARTIAL Filing fee: $ 6.00, receipt number FLN 4-6170 (lcu) (Entered: 12/15/2008) |
| 12/15/2008 | 47 | ORDER OF DEFICIENCY, in re: PLAINTIFF'S MOTION FOR ASSISTANCE OF ATTORNEY received December 11, 2008. The clerk shall docket the deficient pleading. However, plaintiff is advised that future submissions that fail to comply with the Local Rules of this court may be returned to by the Clerk without electronic filing, and without consideration by the court. Ruling on plaintiff's motion for assistance of attorney is DEFERRED. Signed by MAGISTRATE JUDGE MILES DAVIS on 12/15/08. (lcu) (Entered: 12/15/2008) |
| 12/15/2008 | 48 | MOTION to Appoint Counsel by FRANK JONES.
DEFERRED See 47 Order of Deficiency (lcu) (Entered: 12/15/2008) |
| 12/15/2008 | 49 | ORDER DEFERRING 48 MOTION to Appoint Counsel filed by FRANK JONES. The clerk shall send a notice to all members of the court's bar who are signed up for electronic noticing providing in substance: This is a notice of an opportunity to provide pro bono representation in a civil rights case that will likely be tried before a jury in Panama City, Florida. The case is Jones v. Rutherford, Case No. 5:07cv153/RS/MD, etc. Any attorney who wishes to appear should file a notice of appearance by January 9, 2009. Signed by MAGISTRATE JUDGE MILES DAVIS on 12/15/08.
Miscellaneous Deadline - by 1/15/2009 (lcu) (Entered: 12/15/2008) |