Case: Carniello v. Singletary

Carniello v. Dugger

COMPLAINT filed pursuant to 42 USC 1983 (slc) (Entered: 08/10/1990)

AFFIDAVIT of Indigency, with computer printout, by Pltf. (slc) (Entered: 08/10/1990)

NOTICE to Prisoner of Filing of Case. (slc) (Entered: 08/10/1990)

CASE REFERRED to Judge Howard T. Snyder (slc) (Entered: 08/10/1990)

ORDER requiring payment of fees in the amount of $ 19.00. Fee payment due on 9/26/90. s/08-27-90, HTS. (Counsel notified.) (mfk) (Entered: 08/27/1990)

Fees paid in the amount of $ 19.00 Receipt # 55945 (slc) (Entered: 09/05/1990)

LETTER to Pltf advising him that other inmates have filed identical cases and it would be helpful to appoint counsel; he will be notified if counsel is available. (slc) (Entered: 10/12/1990)

RECEIVED letter from Pltf regarding appointment of counsel and status of case. (slc) (Entered: 01/04/1991)

RECEIVED letter from inmate Kenneth Boudreaux regarding joining in the lawsuit. (slc) (Entered: 01/04/1991)

MAILED letter to Kenneth Boudreaux in response to his letter of 12/30/90. (slc) (Entered: 01/29/1991)

LETTER to inmate advising that William Sheppard, Esq. is reviewing the case and will advise the Court if he decides to represent the inmate. (slc) (Entered: 03/27/1991)

NOTICE of attorney appearance for Raye A. Carniello by Nevin A. Weiner, Diana Weiner (slc) (Entered: 05/30/1991)

ORDER: Case Nos. 90-500-Civ-J-14 and 91-17-Civ-J-16 raise identical claims; however, Notices of Appearance were not filed in these 2 cases. Pltfs' counsel, within 20 days, shall notify the Court as to how they plan to proceed in the 6 cases mentioned (90-671-Civ-J-16, 91-314-Civ-J-16, 90-711-Civ-J-14, 90-608-Civ-J-14, 90-509-Civ-J-14, 90-651-Civ-J-12) and whether any Notices of Appearance will be filed in the other 2 cases. See L.R. 4.04 "Class Actions", Rules of the U. S. District Court for the Middle District of Florida. (Signed by Chief Judge Susan H. Black) (Counsel notified.) (slc) (Entered: 06/25/1991)

REPLY by Pltf Raye A. Carniello to [5-1] order (slc) (Entered: 07/11/1991)

MOTION by Pltf Raye A. Carniello for extension of time to file amended complaint, to serve Defts, and to comply with L.R. 4.04(a) ; referred to Judge Howard T. Snyder (slc) Modified on 07/11/1991 (Entered: 07/11/1991)

MEMORANDUM by Pltf Raye A. Carniello in support of [6-1] motion for extension of time to file amended complaint, to serve Defts, and to comply with L.R. 4.04(a) (slc) (Entered: 07/11/1991)

ORDER granting Pltf's [6-1] motion for extension of time to file amended complaint, to serve Defts, and to comply with L.R. 4.04(a), reset amended complaint deadline at 10/7/91 for Raye A. Carniello (Signed by Judge Howard T. Snyder) (Counsel notified.) (slc) (Entered: 08/12/1991)

AMENDED COMPLAINT - class action - injunctive relief, by Pltfs Raye A. Carniello, W. T. Parker, Myron Fleming, Leonard Bean, Robert Roy and Frank Bass, amending [1-1] complaint against Harry K. Singletary, Thomas Barton, and A. D. Thornton. (slc) Modified on 10/08/1991 (Entered: 10/08/1991)

2nd AMENDED COMPLAINT by Plaintiffs Raye A. Carniello, et al. (Answer due 12/16/91 for Harry K. Singletary, for Thomas L. Barton, for A. D. Thornton) amending [9-1] amended complaint (Added Plaintiffs Anthony Lewis, Theodore Page, and Carlos Ruiz) (slc) (Entered: 12/05/1991)

STIPULATION to amend complaint (3rd), by plaintiffs Raye A. Carniello, et al. and defendants Harry K. Singletary, et al. (slc) (Entered: 12/09/1991)

NOTICE and Acknowledgement of Receipt of Summons and Complaint on 11/19/91 by Assistant Attorney General, Attorney for Defendant Harry Singletary, by Plaintiffs Raye A. Carniello, et al. (slc) Modified on 01/03/1992 (Entered: 12/17/1991)

NOTICE and Acknowledgement of Receipt of Summons and Complaint on 11/19/91 by Assistant Attorney General, Attorney for Defendant Thomas Barton, by Plaintiffs Raye A. Carniello, et al. (slc) (Entered: 01/03/1992)

NOTICE and Acknowledgement of Receipt of Summons and Complaint on 11/19/91 by Assistant Attorney General, Attorney for Defendant A. D. Thornton, by Plaintiffs Raye A. Carniello, et al. (slc) (Entered: 01/03/1992)

3rd AMENDED COMPLAINT injunctive relief sought, by Plaintiffs Raye A. Carniello, et al. (Answer due 3/12/92 for Thomas L. Barton, for A. D. Thornton, for Harry K. Singletary ) amending [10-1] amended complaint (slc) Modified on 03/02/1992 (Entered: 03/02/1992)

MOTION by Defendants Harry K. Singletary, A. D. Thornton, Thomas L. Barton with memorandum in support for enlargement of time to respond to the [15] 3rd amended complaint ; referred to Judge Howard T. Snyder (slc) (Entered: 03/20/1992)

MOTION by Defendants Harry K. Singletary, A. D. Thornton, Thomas L. Barton with memorandum in support for additional enlargement of time in which to serve their responses to the 3rd amended complaint ; referred to Judge Howard T. Snyder (slc) (Entered: 04/09/1992)

MOTION by Defendants Harry K. Singletary, et al. with memorandum in support to dismiss 3rd amended complaint (slc) (Entered: 04/28/1992)

ORDER granting Defendants' [16-1] motion for enlargement of time to respond to the [15] 3rd amended complaint; granting [17-1] motion for additional enlargement of time in which to serve their responses to the 3rd amended complaint. Defendants' [18] motion to dismiss 3rd amended complaint is deemed to be timely filed. (Signed by Magis. Judge Howard T. Snyder) (Counsel notified.) (slc) (Entered: 05/11/1992)

RESPONSE by Plaintiffs in opposition to [18-1] motion to dismiss 3rd amended complaint (slc) (Entered: 05/12/1992)

NOTICE OF CASE REASSIGNMENT to the Honorable Judge Harvey E. Schlesinger . Notice to Counsel on 9/11/92 (vc) (Entered: 09/11/1992)

ORDER granting to the extent that plaintiffs are barred from seeking damages against the defendants in their official capacities, denying in all other respects [18-1] motion to dismiss 3rd amended complaint, staying case pending the resolution of the habeas issues ; the clerk will administratively close this file subject to the rights of any party to move that the cause be reopened subsequent to the entry of final judgment in the habeas actions. (Signed by Judge Harvey E. Schlesinger on 11/4/92) (Counsel notified) (slc) (Entered: 11/05/1992)

ORDER Directing Administrative Closure. (Signed by Judge Harvey E. Schlesinger on 11/4/92) (Counsel notified) (slc) (Entered: 12/09/1992)

MOTION by plaintiffs' counsel for Carlos Ruiz, Theodore J. Page, Anthony John Lewis, Frank Lee Bass, Robert David Roy, Leonard Bean, Myron Fleming, W. T. Parker, Raye A. Carniello with memorandum support for Nevin A. Weiner and Diana A. Weiner to withdraw as counsel (slc) (Entered: 11/25/1992)

NOTICE OF APPEAL by Carlos Ruiz; Fee Status: unpaid; Certificate of Readiness due on 12/14/92 (mfk) Modified on 12/01/1992 (Entered: 11/27/1992)

NOTICE OF APPEAL by Robert David Roy; Fee Status: unpaid; Certificate of Readiness due on 12/15/92 (slc) (Entered: 12/01/1992)

MOTION by Robert David Roy to proceed on appeal in forma pauperis with affidavit of indigency (slc) (Entered: 12/01/1992)

NOTICE OF APPEAL by Frank Lee Bass; Fee Status: unpaid; Certificate of Readiness due on 12/15/92 (slc) (Entered: 12/01/1992)

NOTIFICATION to plaintiffs Carlos Ruiz, Robert Roy, and Frankie Bass of Requirements When Appeal Filing Fee Not Paid. Address appeal filing fee by 12/21/92 (slc) (Entered: 12/01/1992)

Certified copies of notices of appeal, judgment/order under appeal, and docket transmitted to USCA: [27-1] appeal, [25-1] appeal, [24-1] appeal (slc) Modified on 12/01/1992 (Entered: 12/01/1992)

MOTION by Frank Lee Bass to proceed in forma pauperis with affidavit of indigency (mfk) (Entered: 12/02/1992)

NOTICE OF APPEAL by Anthony John Lewis Certificate of Readiness due on 12/17/92 (mfk) (Entered: 12/02/1992)

MOTION by Anthony John Lewis to proceed in forma pauperis with affidavit of indigency (mfk) (Entered: 12/02/1992)

MOTION by Leonard Bean to proceed in forma pauperis with affidavit of indigency (mfk) (Entered: 12/02/1992)

NOTIFICATION to plaintiffs Leonard Bean and Anthony Lewis of Requirements When Appeal Filing Fee Not Paid. Address appeal filing fee by 12/24/92 (slc) (Entered: 12/03/1992)

Certified copies of notice of appeal, judgment/order under appeal, and docket transmitted to USCA: [29-1] appeal, [31-1] appeal (slc) (Entered: 12/03/1992)

MOTION by Frank Lee Bass, Leonard Bean, Robert David Roy for enlargement of time to file directions to the clerk , request for copies of docket sheets (slc) (Entered: 12/04/1992)

RESPONSE by Robert David Roy, Frank Lee Bass, Leonard Bean in opposition to [23-1] motion for Nevin A. Weiner and Diana A. Weiner to withdraw as counsel (slc) (Entered: 12/04/1992)

MOTION by Robert David Roy, Frank Lee Bass, Leonard Bean to re- establish status quo ante , to vacate [22-1] order staying case pending the resolution of the habeas issues (slc) (Entered: 12/04/1992)

MOTION by Anthony John Lewis for enlargement of time to file directions to the clerk , request for docket sheet (slc) Modified on 12/04/1992 (Entered: 12/04/1992)

RESPONSE by Theodore J. Page in opposition to [23-1] motion for Nevin A. Weiner and Diana A. Weiner to withdraw as counsel (slc) (Entered: 12/04/1992)

MOTION by Theodore J. Page to re-establish status quo ante , to vacate [22-1] order staying case pending the resolution of the habeas issues (slc) (Entered: 12/04/1992)

MOTION by Carlos Ruiz to proceed in forma pauperis (slc) (Entered: 12/04/1992)

MOTION by Carlos Ruiz for extension of time to file directions to clerk , request for docket sheet (slc) (Entered: 12/04/1992)

RESPONSE by Carlos Ruiz in opposition to [23-1] motion for Nevin A. Weiner and Diana A. Weiner to withdraw as counsel (slc) (Entered: 12/04/1992)

MOTION by Carlos Ruiz to have case reinstated to its status quo ante (slc) (Entered: 12/04/1992)

NOTICE OF APPEAL by Theodore J. Page; fee unpaid; Certificate of Readiness due on 12/22/92 (slc) (Entered: 12/07/1992)

MOTION by Theodore J. Page to proceed in forma pauperis, with affidavit of indigency (slc) (Entered: 12/07/1992)

MOTION by Theodore J. Page for enlargement of time to file directions to the clerk (slc) (Entered: 12/07/1992)

NOTIFICATION to Theodore Page of Requirements When Appeal Filing Fee Not Paid. Address appeal filing fee by 12/28/92 (slc) (Entered: 12/07/1992)

Certified copies of notice of appeal, judgment/order under appeal, and docket transmitted to USCA: [40-1] appeal (slc) (Entered: 12/07/1992)

MOTION by Carlos Ruiz for voluntary dismissal of his [24] notice of appeal (slc) (Entered: 12/09/1992)

RESPONSE by Anthony John Lewis in opposition to [23-1] motion for Nevin A. Weiner and Diana A. Weiner to withdraw as counsel (slc) (Entered: 12/11/1992)

(and) MOTION by Anthony John Lewis to reestablish status quo ante (slc) (Entered: 12/11/1992)

NOTICE of Docketing ROA from USCA Re: [24-1] appeal, [25-1] appeal, [27-1] appeal, [29-1] appeal, [31-1] appeal; USCA NUMBER: 92-3218 (slc) (Entered: 12/15/1992)

AFFIDAVIT of Indigency with computer printout filed by plaintiff Robert David Roy (jrt) (Entered: 12/16/1992)

AFFIDAVIT of Indigency filed by plaintiff Leonard Bean (mfk) (Entered: 12/16/1992)

MOTION by Anthony John Lewis to proceed on appeal in forma pauperis (slc) (Entered: 12/17/1992)

AFFIDAVIT of Indigency, with computer printout, filed by plaintiff Anthony John Lewis (slc) (Entered: 12/17/1992)

REQUEST for copies of documents from USCA (spw) (Entered: 12/24/1992)

ORDER granting [23-1] motion for Nevin A. Weiner and Diana A. Weiner to withdraw as counsel for plaintiffs, nuno pro tunc, as of 11/25/92; granting [43-1] motion for voluntary dismissal of plaintiff Ruiz's [24] notice of appeal; denying plaintiff Roy's [26-1] motion to proceed on appeal in forma pauperis with affidavit of indigency; denying plaintiff Bass' [28-1] motion to proceed on appeal in forma pauperis with affidavit of indigency; denying plaintiff Lewis' [30-1] motion to proceed on appeal in forma pauperis with affidavit of indigency; denying plaintiff Bean's [32-1] motion to proceed on appeal in forma pauperis with affidavit of indigency; denying plaintiff Ruiz's [37-1] motion to proceed on appeal in forma pauperis; denying plaintiff Page's motion to proceed on appeal in forma pauperis; denying plaintiffs Bass, Bean and Roy's [33- 1] motion for enlargement of time to file directions to the clerk; denying plaintiff Lewis's [35-1] motion for enlargement of time to file directions to the clerk; denying plaintiff Ruiz's [38-1] motion for extension of time to file directions to clerk; denying plaintiff Page's [42-1] motion for enlargement time to file to the clerk; denying plaintiffs Roy, Bass, and Bean's [34-1] motion to re-establish status quo ante; denying plaintiff Lewis' motion [35]; denying plaintiff Ruiz's [39-1] motion to have case reinstated to its status quo ante denying plaintiff Page's [44-1] motion to reestablish status quo ante; the court deems these notices of appeal [24, 25, 27, 29, 31, 40] as timely filed by pro se plaintiffs; the court's [22] order is not immediately appealable, therefore, the plaintiffs are not entitled to appeal as paupers as these appeals are not taken in good faith. (Signed by Judge Harvey E. Schlesinger on 12/29/92) ctc (slc) Modified on 12/30/1992 (Entered: 12/30/1992)

ORDER denying plaintiffs' [47-1] motion to proceed on appeal in forma pauperis. Court's order of 11/5/92 is not immediately appealable. See order filed 12/30/92. ( Signed by Judge Harvey E. Schlesinger ) ctc (jsf) (Entered: 01/25/1993)

ENTRY OF DISMISSAL OF USCA (certified copy) Re: [24-1] appeal; pursuant to the appellant Carlos Ruiz's motion for voluntary dismissal, the [24-1] appeal was dismissed 1/22/93. USCA EOD: 1/22/93 (slc) (Entered: 01/27/1993)

Received transmittal letter from USCA with an enclosed certifed copy of the clerk's entry of dismissal as to Carlos Ruiz (slc) (Entered: 01/27/1993)

ENTRY OF DISMISSAL from USCA (certified copy): Pursuant to the appellant Anthony John Lewis's motion for voluntary dismissal, the appeal was duly entered dismissed 3/8/93. s/USCA, ctc (slc) Modified on 03/11/1993 (Entered: 03/11/1993)

ENTRY OF DISMISSAL OF USCA (certified copy) dismissing appeal for want of prosecution because the appellants have failed to pay the $105 docketing and filing fees to the district court clerk within the time fixed by the rules. Mandate date: 3/8/93 USCA EOD: 3/8/93 (slc) Modified on 03/11/1993 (Entered: 03/11/1993)

Transmittal letters from USCA, along with certified copies of the clerk's entries of dismissal issued as mandates (slc) (Entered: 03/11/1993)

**SET ADMINISTRATIVELY CLOSED flag. (slc) Modified on 03/11/1993 (Entered: 03/11/1993)

PRO SE MOTION by Frank Lee Bass with memorandum in support for relief from judgment or order , to sever plaintiff's case , for voluntary dismissal (slc) (Entered: 04/07/1993)

PRO SE MOTION by Leonard Bean with memorandum in support for relief from judgment or order , to sever plaintiff's case , for voluntary dismissal (slc) (Entered: 04/07/1993)

Mailed original record to USCA per request (slc) (Entered: 06/09/1993)

ORDER from USCA (copy): Appellant's motion for leave to proceed in forma pauperis is denied because the appeal is without arguable merit. s/USCA 8/18/93 (slc) (Entered: 08/20/1993)

Received transmittal letter from USCA, along with the original papers (slc) (Entered: 08/20/1993)

MOTION by Robert David Roy with memorandum in support to voluntary dismissal STRICKEN BY ORDER, ENTRY #59 (pmc) (Entered: 02/26/1996)

ORDER striking [58-1] motion to voluntary dismissal as plaintiff failed to sign the motion. ( Signed 4/17/96 by Judge Harvey E. Schlesinger ) ctc (pmc) (Entered: 04/17/1996)

MOTION by Robert David Roy for voluntary dismissal (pmc) (Entered: 04/26/1996)

ORDER granting [60-1] motion for voluntary dismissal of plaintiff Robert David Roy. ( Signed 5/23/96 by Judge Harvey E. Schlesinger ) ctc (pmc) (Entered: 05/24/1996)

FRC record data: accession # 021-00-0804; agency box # 1; location # J0321143; temp record. (mk) Modified on 11/17/2000 (Entered: 10/24/2000)