Case: Avant v. Rice

8:91-cv-00748 | U.S. District Court for the Middle District of Florida

Filed Date: June 14, 1991

Closed Date: Nov. 19, 1992

Clearinghouse coding complete

Case Summary

In 1991, plaintiff filed a section 1983 action against employees of the Pinellas County Jail for opening his legal mail outside his presence. The district court for the Middle District of Florida (Judge Elizabeth A. Kovachevich) forwarded plaintiff's complaint to the consent monitor appointed in the Davis v. Roberts case (JC-FL-012) pursuant to the consent decree established to resolve problems related to unconstitutional jail conditions and practices. The monitor recommended that plaintiff's complaint be closed for insufficient evidence. In addition, the court dismissed all of plaintiffs causes of action and entered judgment for defendants. Avant v. Rice, 1992 U.S. Dist. LEXIS 17822 (M.D. Fla. 1992). The docket from PACER mirrors the actions discussed by the 1992 opinion.

Summary Authors

Lauren Cutson (5/25/2005)

People


Judge(s)

Kovachevich, Elizabeth Anne (Florida)

Attorneys(s) for Defendant

Jagger, Robert F. (Florida)

Judge(s)

Kovachevich, Elizabeth Anne (Florida)

Attorneys(s) for Defendant

Jagger, Robert F. (Florida)

Documents in the Clearinghouse

Document

8:91-cv-00748

Docket (PACER)

June 8, 2001

June 8, 2001

Docket
29

8:91-cv-00748

91-cv-01011

91-cv-01012

Order

Nov. 19, 1992

Nov. 19, 1992

Order/Opinion

Docket

Last updated Sept. 2, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
2

MOTION by Curtis Avant to proceed in forma pauperis (affidavit of indigency) Computer printout attached. (cek) (Entered: 06/17/1991)

June 14, 1991

June 14, 1991

CASE REFERRED to Judge Charles R. Wilson for discovery. (cek) (Entered: 06/17/1991)

June 14, 1991

June 14, 1991

NOTICE to Prisoner of Filing of Case. File forwarded to Chambers for IFP review. (cek) (Entered: 06/17/1991)

June 14, 1991

June 14, 1991

3

ORDER to Complete Summons Forms. ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 06/26/1991)

June 26, 1991

June 26, 1991

3

ORDER granting [2-1] motion to proceed in forma pauperis (affidavit of indigency) ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 06/26/1991)

June 26, 1991

June 26, 1991

4

MOTION by Curtis Avant for appointment of counsel referred to Judge Charles R. Wilson (rjh) (Entered: 07/24/1991)

July 23, 1991

July 23, 1991

5

ORDER denying [4-1] motion for appointment of counsel denying [2-1] as moot because court granted Plaintiff's earlier motion to do so, motion to proceed in forma pauperis (affidavit of indigency), Clerk is directed to send Pltf new summons and marshal's forms, along with copy of Court Order of 06/26/91 set amended pleadings, Pltf must return completed forms due for 8/15/91 or this cause will be dismissed, without prejudice and without further order of the court ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 07/29/1991)

July 26, 1991

July 26, 1991

6

ORDER denying [4-1] motion for appointment of counsel, denying as moot [2-1] motion to proceed in forma pauperis (affidavit of indigency) ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 08/06/1991)

Aug. 5, 1991

Aug. 5, 1991

7

ORDER Directing Service of Process Upon Defendants and Notice to Plaintiff ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 08/12/1991)

Aug. 12, 1991

Aug. 12, 1991

CORRESPONDENCE received from Curtis Avant regarding computer financial print-out (rjh) (Entered: 08/21/1991)

Aug. 19, 1991

Aug. 19, 1991

8

RETURN OF SERVICE executed as to Everett S. Rice 8/24/91 by certified mail. Answer due on 9/13/91 for Everett S. Rice (rjc) (Entered: 09/05/1991)

Sept. 4, 1991

Sept. 4, 1991

9

MOTION by Everett S. Rice and Pinellas County Jail to dismiss presenting defense of Pinellas County Jail's lack of jurisdiction over the person (rjh) (Entered: 09/12/1991)

Sept. 12, 1991

Sept. 12, 1991

10

MEMORANDUM by Everett S. Rice in support of [9-1] motion to dismiss presenting defense of Pinellas County Jail's lack of jurisdiction over the person (rjh) (Entered: 09/12/1991)

Sept. 12, 1991

Sept. 12, 1991

NOTICE of Change of Address to Calhoun Correctional Institution (rjh) (Entered: 10/07/1991)

Oct. 7, 1991

Oct. 7, 1991

11

MOTION by Curtis Avant to extend time to answer Deft's Motion to Dismiss, and Motion to Amend Pltf's complaint (rjh) (Entered: 10/07/1991)

Oct. 7, 1991

Oct. 7, 1991

13

ORDER denying as moot [11-1] motion to extend time to answer Deft's Motion to Dismiss, and Motion to Amend Pltf's complaint denying as moot [9-1] motion to dismiss presenting defense of Pinellas County Jail's lack of jurisdiction over the person, set amended complaint deadline at 11/6/91 for Curtis Avant ; consolidating Case No. 91-1011-Civ-T-17C and 91-1012-Civ-T-10A with 91-748-Civ-T-17A) ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 10/17/1991)

Oct. 16, 1991

Oct. 16, 1991

Consolidated Lead Case; consolidated with Case No. 91-1011-Civ-T-17C and 91-1012-Civ-T-17 (rjh) (Entered: 10/17/1991)

Oct. 17, 1991

Oct. 17, 1991

14

MOTION by Curtis Avant for appointment of counsel (rjh) (Entered: 10/30/1991)

Oct. 28, 1991

Oct. 28, 1991

15

AMENDED COMPLAINT by Curtis Avant , (Answer due 11/7/91 for Officer Johnson, for Officer Sanford, for John Doe, for Charles Feldon, for Everett S. Rice ) amending [1-1] complaint (rjh) (Entered: 11/01/1991)

Oct. 28, 1991

Oct. 28, 1991

16

ORDER denying [14-1] motion for appointment of counsel, Clerk shall forward a copy of this order and Plaintiff's complaint in this case and each of the consolidated cases to Marcellas Durham, Court monitor; court monitor shall investigate Plaintiff's complaint and include findings in quarterly report for that visit; Plaintiff shall have 30 days from the date of monitor's report to file a statement including the results of the monitor's investigation; whether monitor has recommended any administrative action to resolve the complaint; whether plaintiff still desires to prosecutre his claim for damages ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 11/04/1991)

Nov. 1, 1991

Nov. 1, 1991

CORRESPONDENCE dated 1/13/92 received from Curtis Avant regarding case. (rjh) (Entered: 01/21/1992)

Jan. 17, 1992

Jan. 17, 1992

17

NOTICE of Inquiry by Curtis Avant as to whether court monitor has received court order of 11/1/91. (rjh) (Entered: 02/10/1992)

Feb. 7, 1992

Feb. 7, 1992

18

AMENDED MOTION by Curtis Avant for Information regarding Appointed Court Monitor (rjh) (Entered: 03/10/1992)

March 5, 1992

March 5, 1992

19

MOTION by Everett S. Rice with memorandum in support to dismiss (rjh) (Entered: 03/18/1992)

March 18, 1992

March 18, 1992

20

ORDER that plaintiff may request a copy of the Court Monitor's report, in writing, from Jean Kwall, Esq. Plaintiff must file his court-ordered response, pursuant to the court's order of 11/1/92, within 30 days of the date of this order. Failure to file a response will result in the dismissal of this action, and the related consolidated actions, without further notice. ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 03/23/1992)

March 23, 1992

March 23, 1992

21

MEMORANDUM by Curtis Avant in opposition to [20-1] court order of 3/23/92 regarding Plaintiff's response to court's ordered monitor's investigation to plaintiff's complaint. (rjh) (Entered: 04/02/1992)

April 2, 1992

April 2, 1992

CORRESPONDENCE dated 4/7/92 received in the Judge's chambers regarding case. (rjh) (Entered: 04/14/1992)

April 13, 1992

April 13, 1992

COPY of correspondence sent to Curtis Avant dated 4/10/92 from Jean H. Kwall, Esq. forwarding a copy of Court Monitor's Report to Mr. Avant. Copy of Mr. Avant's letter to Jean Kwall, Esq. dated 3/30/92 attached and copy of court order of 3/23/92 attached. (rjh) (Entered: 04/21/1992)

April 21, 1992

April 21, 1992

22

ORDER denying without prejudice to refiling after Plaintiff has responded to the monitor's report, [19-1] motion to dismiss granting [18-1] motion for Information regarding Appointed Court Monitor. Plaintiff should request a copy of the report for the fourth quarter of 1991. That the Clerk send Defendants a copy of Plaintiff's amended complaint (Doc. 15). Plaintiff shall respond to the monitor's report, as directed in the court order dated 11/1/92, not later than 5/15/92. Failure to do so will result in dismissal of this action without further notice of the court. ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 04/24/1992)

April 24, 1992

April 24, 1992

23

REJECTIONS to Monitor's Report by Curtis Avant. Attachment. (rjh) (Entered: 04/30/1992)

April 29, 1992

April 29, 1992

24

MOTION by Curtis Avant for sanctions (rjh) (Entered: 05/08/1992)

May 7, 1992

May 7, 1992

25

MOTION by Everett S. Rice to dismiss amended complaint (rjh) (Entered: 06/01/1992)

June 1, 1992

June 1, 1992

26

MEMORANDUM by Everett S. Rice in support of [25-1] motion to dismiss amended complaint (rjh) (Entered: 06/01/1992)

June 1, 1992

June 1, 1992

27

ORDER [25-1] motion to dismiss amended complaint taken under advisement, Response to motion reset to 8/17/92 to file an opposition to [25-1] motion to dismiss amended complaint ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 07/27/1992)

July 27, 1992

July 27, 1992

COPY of correspondence dated 8/7/92 sent to Mr. Avant furnishing him with court monitor's report. (Copy of report not submitted with copy sent to Clerk). (rjh) (Entered: 08/12/1992)

Aug. 12, 1992

Aug. 12, 1992

28

MEMORANDUM by Curtis Avant in opposition to [25-1] motion to dismiss amended complaint, with protest against Court Order dated 7/27/92 "showing racial bias", "also requesting summary judgment", with a final hearing of evidence. (rjh) (Entered: 08/14/1992)

Aug. 13, 1992

Aug. 13, 1992

28

MOTION by Curtis Avant for summary judgment (rjh) (Entered: 08/14/1992)

Aug. 13, 1992

Aug. 13, 1992

CORRESPONDENCE dated 8/11/92 from Curtis Avant notifying the Clerk of Court of furnishing Opposition to Defendant's Motion to Dismiss to Judge's chambers by certified mail. (rjh) (Entered: 08/14/1992)

Aug. 14, 1992

Aug. 14, 1992

29

ORDER denying as moot [28-1] motion for summary judgment granting [25-1] motion to dismiss, without prejudice, for failure to prosecute amended complaint. The clerk is directed to enter a judgment in favor of defendants and to close this case; denying [24-1] motion for sanctions. Case no. 91-1011-Civ-T-17C and no. 91-1012-Civ-T-17A are also dismissed. The clerk is directed to close those cases. ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 11/23/1992)

Nov. 19, 1992

Nov. 19, 1992

Case closed (cek) (Entered: 12/01/1992)

Nov. 19, 1992

Nov. 19, 1992

30

JUDGMENT for Officer Johnson, Officer Sanford, John Doe, Charles Feldon, Everett S. Rice against Curtis Avant. It is ordered that defendant Rice's motion to dismiss is granted. Further, plaintiff's claims against defendants Felton, John Does and the Pinellas County Jail are dismissed as frivolous. Plaintiff's claims against defendants Sanford and Johnson are dismissed, without prejudice, for failure to prosecute. Case No. 91-1011-Civ-T-17C and Case No. 91-1012-Civ-T-17A are also dismissed. (s/rjh/11/19/92/Notified) MFR Number 104/D690 (rjh) (Entered: 11/23/1992)

Nov. 20, 1992

Nov. 20, 1992

31

Letter addressed to Honorable Judge Stafford from Curtis Avant received in the Judge's chambers entitled "Victim and Witness Protection Act of 1982." (rjh) (Entered: 11/24/1992)

Nov. 20, 1992

Nov. 20, 1992

32

Letter addressed to Judge Black entitled, "Victim and Witness Protection Act of 1982" from Curtis Avant. (rjh) (Entered: 11/25/1992)

Nov. 25, 1992

Nov. 25, 1992

FRC record data: accession # 021 95 0711; agency box # 157; location # E1001511 (sak) (Entered: 06/08/2001)

June 8, 2001

June 8, 2001

Case Details

State / Territory: Florida

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 14, 1991

Closing Date: Nov. 19, 1992

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate at the Pinellas County Jail alleging his mail was opened outside of his presence

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pinellas County Jail (Pinellas), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Unknown

Issues

General:

Mail

Type of Facility:

Government-run