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N.D. Fla.·
2024-11-04
The court recommended dismissal of the prisoner's complaint without prejudice for abuse of the judicial process due to failure to disclose prior litigation history.
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N.D. Fla.·
2024-10-21
A prisoner's complaint must be dismissed without prejudice as a malicious abuse of the judicial process if the prisoner fails to accurately disclose their prior litigation history on the required complaint form.
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N.D. Fla.·
2024-10-17
A prisoner who has had three prior actions dismissed as frivolous, malicious, or failing to state a claim is a "three-striker" and cannot proceed in forma pauperis without demonstrating imminent danger of serious physical injury.
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N.D. Fla.·
2024-10-09
A prisoner who is a three-striker must pay the filing fee at the time of filing and cannot proceed IFP unless under imminent danger of serious physical injury.
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M.D. Fla.·
2024-09-23
The federal habeas petition is dismissed without prejudice because the petitioner has not exhausted his state court remedies.
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N.D. Fla.·
2024-09-13
A prisoner's failure to accurately disclose prior litigation history, particularly cases dismissed as malicious, constitutes an abuse of the judicial process warranting dismissal of the current action.
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M.D. Fla.·
2024-09-05
The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 is not the proper vehicle to challenge the validity of a federal conviction or sentence based on an allegedly illegal indictment. Such claims must be brought under 28 U.S.C. § 2255, and petitioner had
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M.D. Fla.·
2024-07-29
The court denied the motion to dismiss the breach of contract claim, finding it was not preempted by the FLSA and was sufficiently pleaded.
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S.D. Fla.·
2024-06-25
The court held that the pro se prisoner's complaint failed to state a plausible claim for false arrest and was subject to dismissal.
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S.D. Fla.·
2024-06-05
The court held that it must abstain from hearing a civil-rights complaint when it interferes with ongoing state criminal proceedings and child custody matters, as no exceptions to the Younger abstention doctrine apply.
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S.D. Fla.·
2024-05-06
The court held that federal courts must abstain from hearing a civil-rights complaint that is inextricably bound up with an ongoing state-court criminal prosecution under the Younger abstention doctrine.
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M.D. Fla.·
2024-04-29
A federal habeas petition under 28 U.S.C. § 2254 must be filed while the petitioner is 'in custody' under the challenged judgment, and the one-year statute of limitations under AEDPA applies.
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M.D. Fla.·
2024-04-24
The court granted the plaintiff's motion for entry of Clerk's default against the defendant. The court found that the defendant was properly served according to federal and Florida rules of civil procedure and failed to respond within the allotted time.
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M.D. Fla.·
2024-03-20
The court granted the plaintiff's motion for entry of a clerk's default against D A R Trucking FL.
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M.D. Fla.·
2024-03-19
The court granted Plaintiff's motion for alternate service, allowing service via the Secretary of State, email, and mail.
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M.D. Fla.·
2024-03-18
The court granted Plaintiff's motion for entry of Clerk's default against D.A.R. Trucking, Inc. because it was properly served and failed to respond.
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M.D. Fla.·
2024-03-15
A prosecutor is entitled to absolute immunity for actions taken during a criminal prosecution, and a malicious prosecution claim requires termination in the plaintiff's favor.
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S.D. Fla.·
2024-02-28
The court held that the plaintiff's complaint failed to state a claim because the Interstate Agreement on Detainers (IADA) does not apply to pretrial detainees, and any claims challenging the fact or duration of his confinement are barred by the Younger abstention doctrine.
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M.D. Fla.·
2024-02-27
The court held that a federal court should not interfere with pending state criminal proceedings absent exceptional circumstances, and the petitioner's claims did not meet these exceptions.
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M.D. Fla.·
2024-02-12
The court granted the plaintiff's motion for entry of clerk's default against both defendants.
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M.D. Fla.·
2024-01-23
The court granted the motion for default as to Defendant George Wood but denied it as to Defendant ADW, finding service on ADW was improper.
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M.D. Fla.·
2023-12-20
The court held that the petitioner failed to exhaust state remedies and the failure was not excused, thus the federal habeas petition was premature.
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S.D. Fla.·
2023-10-13
The court held that a prisoner who is a 'three-striker' under 28 U.S.C. § 1915(g) must prepay the entire filing fee to initiate a civil action, and failure to do so warrants dismissal without prejudice.
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M.D. Fla.·
2023-10-05
The court held that the Sheriff's Office is not a suable entity, official capacity claims against deputies are duplicative, and false arrest and malicious prosecution claims are barred by Heck v. Humphrey because they would necessarily imply the invalidity of the plaintiff's conv
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M.D. Fla.·
2023-09-15
The court held that claims against Doyle are dismissed for lack of subject matter jurisdiction due to Eleventh Amendment immunity, and claims against Guinand are dismissed with prejudice based on absolute immunity. Claims against Rives are dismissed for failure to state a plausib
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S.D. Fla.·
2023-08-01
The court held that defendants are immune from suit under 42 U.S.C. § 1983 because the plaintiff was detained pursuant to a facially valid court order.
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M.D. Fla.·
2023-02-28
Florida's definition of 'any increase or decrease in the scope of services' for Medicaid reimbursement rates is impermissibly narrow and inconsistent with federal law.
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S.D. Fla.·
2023-01-25
The court held that a prisoner's complaint must be dismissed without prejudice for failure to exhaust administrative remedies, as required by the PLRA.
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S.D. Fla.·
2022-11-10
The federal habeas petition is dismissed as untimely because it was filed outside the one-year limitations period prescribed by AEDPA, and no exceptions apply.
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S.D. Fla.·
2022-11-04
The court granted Plaintiff's motion for default judgment, awarding statutory damages, attorneys' fees, and costs for copyright infringement.
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M.D. Fla.·
2022-09-09
The court held that the dog bone shape of the coupler is functional and therefore not protectable trade dress, leading to dismissal of the trade dress and related state-law claims.
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S.D. Fla.·
2022-08-30
The court held that a pro se litigant's complaint, which sought damages and a pardon from the President and arose from the denial of a prior motion to vacate, should be construed as a successive motion to vacate under 28 U.S.C. § 2255 and dismissed for lack of subject matter juri
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M.D. Fla.·
2022-07-29
The court held that the petitioner's federal habeas corpus petition was time-barred because it was filed outside the one-year statute of limitations established by AEDPA, and the petitioner failed to demonstrate entitlement to equitable tolling.
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S.D. Fla.·
2022-07-11
A federal court lacks subject-matter jurisdiction over a removed state-court eviction case where the removal is based on the plaintiff's counterclaims or defenses, and abstention is appropriate if the case were treated as originally filed in federal court.
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S.D. Fla.·
2022-06-24
The court held that the wife lacked standing, the husband's claims were barred by Rooker-Feldman and the statute of limitations, and the official-capacity claim failed Monell requirements.
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S.D. Fla.·
2022-06-17
The court held that claims implying the invalidity of a conviction are barred by Heck v. Humphrey, and other claims fail to state a plausible claim for relief under 28 U.S.C. § 1915A.
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M.D. Fla.·
2022-06-09
The court held that it would defer to the Delaware court's ruling on the motion to transfer, staying the Florida action in the interim.
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S.D. Fla.·
2022-06-06
The court held that a pro se habeas petition must be dismissed without prejudice because it contains unexhausted claims and the petitioner failed to pay the filing fee or submit a sufficient motion to proceed in forma pauperis.
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S.D. Fla.·
2022-05-20
The federal court must abstain from hearing a pretrial detainee's habeas corpus petition challenging his state prosecution due to the Younger abstention doctrine.
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M.D. Fla.·
2022-02-24
The court denied the defendant's motion for attorney fees against the plaintiff's counsel, finding that the counsel's conduct in federal court did not rise to the level of "unreasonable and vexatious" under 28 U.S.C. § 1927 or constitute bad faith for sanctions under the court's
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M.D. Fla.·
2022-01-24
Rose Marie Hernandez died from respiratory shock shortly after taking her first dose of a generic losartan HCTZ medication manufactured by Aurobindo Pharma USA and dispensed by CVS Pharmacy. Her estate's representative sued both defendants under state law for failure to warn abou
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M.D. Fla.·
2022-01-10
The court held that the plaintiffs' allegations, taken as true, were sufficient to state a claim for breach of fiduciary duty under ERISA, and therefore denied the defendants' motion to dismiss.
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M.D. Fla.·
2021-12-29
The court denied the motion to exclude expert testimony, finding the failure to timely provide the report was harmless, and denied the motion for summary judgment, finding genuine issues of material fact regarding notice of the dangerous condition.
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S.D. Fla.·
2021-10-28
The court held that federal courts must abstain from interfering with ongoing state criminal proceedings when adequate state remedies exist.
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N.D. Fla.·
2021-09-22
The court held that a prisoner's deliberate misrepresentation of prior litigation history on a complaint form constitutes abuse of the judicial process, warranting dismissal without prejudice as malicious.
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M.D. Fla.·
2021-09-02
The court held that the Hillsborough County Sheriff's Office is an improper defendant and that the plaintiff's complaint, containing vague and conclusory allegations, failed to state a claim under federal or state law, but granted leave to amend.
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M.D. Fla.·
2021-08-27
The court granted the City's motion to dismiss, finding Plaintiff failed to state a claim for municipal liability and due process violations, and dismissed claims against individual officers for failure to serve process.
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S.D. Fla.·
2021-08-17
The petition for writ of habeas corpus is dismissed as time-barred and for failure to comply with a court order.
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S.D. Fla.·
2021-07-30
A prisoner who is a "three-striker" under 28 U.S.C. § 1915(g) must prepay the entire filing fee and cannot proceed in forma pauperis unless under imminent danger of serious physical injury.
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M.D. Fla.·
2021-07-22
The court granted in part and denied in part the defendants' motions for judgment on the pleadings, finding that ECM is not a debt collector under the FDCPA and that Florida DOE is immune from TCPA claims due to its status as a government agency collecting federal student loans.