Page 1 of 11 FRC, MAG U.S. District Court Middle District of Florida (Jacksonville) CIVIL DOCKET FOR CASE #: 3:90-cv-00711-HES Carniello, et al v. Dugger, et al Assigned to: Judge Harvey E. Schlesinger Demand: $0 Cause: 42:1983 Prisoner Civil Rights Raye A. Carniello #043613 Date Filed: 08/10/1990 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question represented by Raye A. Carniello Law Office of Nevin A. Weiner, P.A. 100 Wallace Ave, Suite 100 Sarasota, FL 34237 941/373-9966 Fax: 941/373-9977 Nevin A. Weiner Law Office of Nevin A. Weiner, P.A. 100 Wallace Ave, Suite 100 Sarasota, FL 34237 941/373-9966 Fax: 941/373-9977 W. T. Parker represented by Nevin A. Weiner
Page 2 of 11 Myron Fleming represented by Nevin A. Weiner Leonard Bean Robert David Roy TERMINATED: 05/24/1996 represented by Leonard Bean #078935 represented by Robert David Roy #006000 Nevin A. Weiner Frank Lee Bass represented by Frank Lee Bass #042047
Page 3 of 11 Nevin A. Weiner Anthony John Lewis represented by Anthony John Lewis #084584 Theodore J. Page TERMINATED: 04/22/1996 represented by Theodore J. Page #041311 Carlos Ruiz represented by Carlos Ruiz
Page 4 of 11 V. Defendant Richard L. Dugger TERMINATED: 10/08/1991 Defendant Thomas L. Barton represented by Joe Belitzky Attorney General's Office Corrections Litigation Branch The Capitol, Suite PL-01 Tallahassee, FL 32399-1050 850/414-3669 Fax: 856/488-4872 Email: joe_belitzky@oag.state.fl.us Defendant A. D. Thornton represented by Joe Belitzky Defendant Harry K. Singletary, Jr. represented by Joe Belitzky Date Filed # Docket Text 08/10/1990 CASE REFERRED to Judge Howard T. Snyder (slc) (Entered: 08/10/1990) 08/10/1990 1 COMPLAINT filed pursuant to 42 USC 1983 (slc) (Entered: 08/10/1990) 08/10/1990 2 AFFIDAVIT of Indigency, with computer printout, by Pltf. (slc) (Entered: 08/10/1990) 08/10/1990 NOTICE to Prisoner of Filing of Case. (slc) (Entered: 08/10/1990) 08/27/1990 3 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)
Page 5 of 11 (Entered: 08/27/1990) 09/05/1990 Fees paid in the amount of $ 19.00 Receipt # 55945 (slc) (Entered: 09/05/1990) 10/12/1990 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) 01/04/1991 RECEIVED letter from inmate Kenneth Boudreaux regarding joining in the lawsuit. (slc) (Entered: 01/04/1991) 01/04/1991 RECEIVED letter from Pltf regarding appointment of counsel and status of case. (slc) (Entered: 01/04/1991) 01/29/1991 MAILED letter to Kenneth Boudreaux in response to his letter of 12/30/90. (slc) (Entered: 01/29/1991) 03/27/1991 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) 05/30/1991 4 NOTICE of attorney appearance for Raye A. Carniello by Nevin A. Weiner, Diana Weiner (slc) (Entered: 05/30/1991) 06/25/1991 5 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) 07/11/1991 6 REPLY by Pltf Raye A. Carniello to [5-1] order (slc) (Entered: 07/11/1991) 07/11/1991 6 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) 07/11/1991 7 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) 08/12/1991 8 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) 10/08/1991 9 AMENDED COMPLAINT - class action - injunctive relief, by Pltfs
Page 6 of 11 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) 12/05/1991 10 2nd AMENDED COMPLAINT by s 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 s Anthony Lewis, Theodore Page, and Carlos Ruiz) (slc) (Entered: 12/05/1991) 12/09/1991 11 STIPULATION to amend complaint (3rd), by plaintiffs Raye A. Carniello, et al. and defendants Harry K. Singletary, et al. (slc) (Entered: 12/09/1991) 12/16/1991 12 NOTICE and Acknowledgement of Receipt of Summons and Complaint on 11/19/91 by Assistant Attorney General, Attorney for Defendant Harry Singletary, by s Raye A. Carniello, et al. (slc) Modified on 01/03/1992 (Entered: 12/17/1991) 12/27/1991 13 NOTICE and Acknowledgement of Receipt of Summons and Complaint on 11/19/91 by Assistant Attorney General, Attorney for Defendant Thomas Barton, by s Raye A. Carniello, et al. (slc) (Entered: 01/03/1992) 12/27/1991 14 NOTICE and Acknowledgement of Receipt of Summons and Complaint on 11/19/91 by Assistant Attorney General, Attorney for Defendant A. D. Thornton, by s Raye A. Carniello, et al. (slc) (Entered: 01/03/1992) 03/02/1992 15 3rd AMENDED COMPLAINT injunctive relief sought, by s 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) 03/20/1992 16 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) 04/09/1992 17 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) 04/28/1992 18 MOTION by Defendants Harry K. Singletary, et al. with memorandum in support to dismiss 3rd amended complaint (slc) (Entered: 04/28/1992) 05/11/1992 19 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
Page 7 of 11 T. Snyder) (Counsel notified.) (slc) (Entered: 05/11/1992) 05/12/1992 20 RESPONSE by s in opposition to [18-1] motion to dismiss 3rd amended complaint (slc) (Entered: 05/12/1992) 09/03/1992 21 NOTICE OF CASE REASSIGNMENT to the Honorable Judge Harvey E. Schlesinger. Notice to Counsel on 9/11/92 (vc) (Entered: 09/11/1992) 11/05/1992 22 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) 11/05/1992 22 ORDER Directing Administrative Closure. (Signed by Judge Harvey E. Schlesinger on 11/4/92) (Counsel notified) (slc) (Entered: 12/09/1992) 11/25/1992 23 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 to withdraw as counsel (slc) (Entered: 11/25/1992) 11/27/1992 24 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) 11/30/1992 25 NOTICE OF APPEAL by Robert David Roy; Fee Status: unpaid; Certificate of Readiness due on 12/15/92 (slc) (Entered: 12/01/1992) 11/30/1992 26 MOTION by Robert David Roy to proceed on appeal in forma pauperis with affidavit of indigency (slc) (Entered: 12/01/1992) 11/30/1992 27 NOTICE OF APPEAL by Frank Lee Bass; Fee Status: unpaid; Certificate of Readiness due on 12/15/92 (slc) (Entered: 12/01/1992) 11/30/1992 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) 11/30/1992 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) 12/02/1992 28 MOTION by Frank Lee Bass to proceed in forma pauperis with affidavit of indigency (mfk) (Entered: 12/02/1992) 12/02/1992 29 NOTICE OF APPEAL by Anthony John Lewis Certificate of Readiness due on 12/17/92 (mfk) (Entered: 12/02/1992) 12/02/1992 30 MOTION by Anthony John Lewis to proceed in forma pauperis with affidavit of indigency (mfk) (Entered: 12/02/1992)
Page 8 of 11 12/02/1992 31 NOTICE OF APPEAL by Leonard Bean Certificate of Readiness due on 12/17/92 (mfk) (Entered: 12/02/1992) 12/02/1992 32 MOTION by Leonard Bean to proceed in forma pauperis with affidavit of indigency (mfk) (Entered: 12/02/1992) 12/03/1992 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) 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) 12/04/1992 33 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) 12/04/1992 34 RESPONSE by Robert David Roy, Frank Lee Bass, Leonard Bean in opposition to [23-1] motion for Nevin A. Weiner and to withdraw as counsel (slc) (Entered: 12/04/1992) 12/04/1992 34 MOTION by Robert David Roy, Frank Lee Bass, Leonard Bean to reestablish status quo ante, to vacate [22-1] order staying case pending the resolution of the habeas issues (slc) (Entered: 12/04/1992) 12/04/1992 35 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) 12/04/1992 36 RESPONSE by Theodore J. Page in opposition to [23-1] motion for Nevin A. Weiner and to withdraw as counsel (slc) (Entered: 12/04/1992) 12/04/1992 36 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) 12/04/1992 37 MOTION by Carlos Ruiz to proceed in forma pauperis (slc) (Entered: 12/04/1992) 12/04/1992 38 MOTION by Carlos Ruiz for extension of time to file directions to clerk, request for docket sheet (slc) (Entered: 12/04/1992) 12/04/1992 39 RESPONSE by Carlos Ruiz in opposition to [23-1] motion for Nevin A. Weiner and to withdraw as counsel (slc) (Entered: 12/04/1992) 12/04/1992 39 MOTION by Carlos Ruiz to have case reinstated to its status quo ante (slc) (Entered: 12/04/1992) 12/07/1992 40 NOTICE OF APPEAL by Theodore J. Page; fee unpaid; Certificate of Readiness due on 12/22/92 (slc) (Entered: 12/07/1992) 12/07/1992 41 MOTION by Theodore J. Page to proceed in forma pauperis, with
Page 9 of 11 affidavit of indigency (slc) (Entered: 12/07/1992) 12/07/1992 42 MOTION by Theodore J. Page for enlargement of time to file directions to the clerk (slc) (Entered: 12/07/1992) 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) 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) 12/09/1992 43 MOTION by Carlos Ruiz for voluntary dismissal of his [24] notice of appeal (slc) (Entered: 12/09/1992) 12/11/1992 44 RESPONSE by Anthony John Lewis in opposition to [23-1] motion for Nevin A. Weiner and to withdraw as counsel (slc) (Entered: 12/11/1992) 12/11/1992 44 (and) MOTION by Anthony John Lewis to reestablish status quo ante (slc) (Entered: 12/11/1992) 12/14/1992 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) 12/16/1992 45 AFFIDAVIT of Indigency with computer printout filed by plaintiff Robert David Roy (jrt) (Entered: 12/16/1992) 12/16/1992 46 AFFIDAVIT of Indigency filed by plaintiff Leonard Bean (mfk) (Entered: 12/16/1992) 12/17/1992 47 MOTION by Anthony John Lewis to proceed on appeal in forma pauperis (slc) (Entered: 12/17/1992) 12/17/1992 48 AFFIDAVIT of Indigency, with computer printout, filed by plaintiff Anthony John Lewis (slc) (Entered: 12/17/1992) 12/24/1992 REQUEST for copies of documents from USCA (spw) (Entered: 12/24/1992) 12/30/1992 49 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
Page 10 of 11 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) 01/25/1993 50 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) 01/25/1993 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) 01/25/1993 51 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) 03/10/1993 Transmittal letters from USCA, along with certified copies of the clerk's entries of dismissal issued as mandates (slc) (Entered: 03/11/1993) 03/10/1993 52 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) 03/10/1993 53 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) 03/10/1993 **SET ADMINISTRATIVELY CLOSED flag. (slc) Modified on 03/11/1993 (Entered: 03/11/1993) 04/07/1993 54 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) 04/07/1993 55 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)
Page 11 of 11 04/09/1993 56 ORDER granting plaintiff Frankie Lee Bass' [54-3] motion for voluntary dismissal, and plaintiff Bass is dismissed from this action without prejudce; granting plaintiff Leonard Bass Jr.'s [55-3] motion for voluntary dismissal, and plaintiff Bean is dismissed from this action without prejudice. (Signed by Judge Harvey E. Schlesinger on 4/9/93) ctc (slc) Modified on 04/14/1993 (Entered: 04/09/1993) 06/09/1993 Mailed original record to USCA per request (slc) (Entered: 06/09/1993) 08/20/1993 Received transmittal letter from USCA, along with the original papers (slc) (Entered: 08/20/1993) 08/20/1993 57 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) 02/26/1996 58 MOTION by Robert David Roy with memorandum in support to voluntary dismissal STRICKEN BY ORDER, ENTRY #59 (pmc) (Entered: 02/26/1996) 04/17/1996 59 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) 04/26/1996 60 MOTION by Robert David Roy for voluntary dismissal (pmc) (Entered: 04/26/1996) 05/24/1996 61 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) 10/24/2000 FRC record data: accession # 021-00-0804; agency box # 1; location # J0321143; temp record. (mk) Modified on 11/17/2000 (Entered: 10/24/2000) PACER Service Center Transaction Receipt 0 14:42:24 PACER Login: hs0328 Client Code: Description: Docket Report Search Criteria: 3:90-cv-00711-HES Billable Pages: 6 Cost: 0.48