Roberts v. Pichardo et al

Filing 16

REPORT AND RECOMMENDATIONS on 42 USC 1983 case re 1 Complaint filed by Harry W. Roberts. Recommending that case number 09-22918 be closed. Objections to R&R due by 2/1/2010. Signed by Magistrate Judge Patrick A. White on 1/12/2010. (tw)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-22918-CIV-JORDAN MAGISTRATE JUDGE P.A. WHITE HARRY W. ROBERTS, Plaintiff, : v. : G. PICHARDO, et. al. : Defendants. Harry W. Roberts, who is currently detained in the Florida State Prison in Raiford, filed a pro se civil rights complaint pursuant to 42 U.S.C. 1983 in Florida's Eleventh Judicial Circuit. On July 22, 2009, defendants filed a notice of removal in case number 0922167-CIV-MOORE and attached a copy of all documents filed in state court. (09-22167 DE# 1). In the present case, on September 29, 2009, Roberts filed his 1983 complaint against the same defendants. (09-22918 DE# 1). In case number 09-22167, the defendants moved to dismiss or in the alternative for a more definite statement, as a copy of the complaint had never been filed in this matter. (09-22167 DE# 7). This Court issued a report (09-22167 DE# 19), adopted by the district court (09-22167 DE# 30), recommending that the motion to dismiss be denied and the motion for a more definite statement be granted. In light of the latter recommendation, this court issued an order instructing Roberts to file a superceding amended complaint. (09-22167 DE# 23). At present, Roberts' complaint is due on or before January 25, 2010. (09-22167 DE# 33). In both cases, Roberts filed a December 14, 2009 second motion for clarification. (09-22167 DE# 29; 09-22918 DE# 12). Roberts notes that he intended to prosecute a single cause of action against the defendants and requests that this Court clarify why two separate cases are pending. (09-22167 DE# 29; 09-22918 DE# 12). In case number 09-22918, The Undersigned entered a December 16, 2009 paperless order granting Roberts's motion for clarification REPORT OF MAGISTRATE JUDGE : and directing him to file an amended complaint. (09-22918 DE# 13). The second motion for clarification is pending in case number 0922167. Because the cause of action removed to federal court by the defendants in case number 09-22167 is identical to cause of action subsequently initiated by Roberts in case number 09-22918, the Undersigned recommends that the present case be closed. An order directing Roberts to file a superceding amended complaint containing all allegations against all defendants will be issued in case number 09-22167. Based on the foregoing, it is recommended that case number 0922918 be closed. Objections to this report may be filed with the District Judge within fourteen days of receipt of a copy of the report. It is so recommended at Miami, Florida, this 12th day of January, 2010. ______________________________ UNITED STATES MAGISTRATE JUDGE cc: Harry W. Roberts, Pro Se DC# 058663 Florida State Prison 7819 N.W. 228th Street Raiford, FL 32026-2170 Valerie J. Martin, Esq. Office of the Attorney General 110 S.E. 6th Street, 10th Floor Ft. Lauderdale, FL 33301

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?