Shaw v. Dimming
| Florida Middle District Court | |
| Judge: | William F Jung |
| Referred: | Natalie Hirt Adams |
| Case #: | 8:25-cv-00027 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Jan 06, 2025 |
| Terminated: | Jan 10, 2025 |
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| Docket last updated: 7 hours ago |
| Friday, January 10, 2025 | ||
| 5 | 5
notice
Notice to Counsel of Local Rule
Fri 01/10 12:30 PM
NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (BD) |
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| 4 | 4
misc
Judgment
Fri 01/10 12:30 PM
JUDGMENT: Pursuant to this Court's Order, entered January 10, 2025, judgment is hereby entered dismissing this case with prejudice. (Signed by Deputy Clerk). (BD) |
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| 3 | 3
order
Order on Motion to Proceed In Forma Pauperis
Fri 01/10 9:56 AM
ENDORSED ORDER: Plaintiff, an inmate at the Polk County Jail, brought this civil-rights action against Polk County Public Defender Howard Dimmig and the Polk County Office of Regional Conflict Counsel. He alleges that Defendants fail to adequately represent their clients due to "excessive workloads" and "lack of time." After careful review, see 28 U.S.C. § 1915(e)(2), the Court concludes that this action must be dismissed for failure to state a claim. To proceed under 42 U.S.C. § 1983, a plaintiff must show that he was deprived of a federal right "by a person acting under color of state law." West v. Atkins, 487 U.S. 42, 48 (1988). "[A] public defender does not act under color of state law when performing the lawyer's traditional functions as counsel to a defendant in a criminal proceeding." Polk Cnty. v. Dodson, 454 U.S. 312, 325 (1981). "The same is true for state-appointed attorneys... from the Office of Criminal Conflict and Civil Regional Counsel." Grider v. Cook, 590 F. App'x 876, 880 (11th Cir. 2014). Accordingly, Plaintiff cannot state a claim against the Public Defender or the Office of Regional Conflict Counsel. His complaint 1 is therefore dismissed with prejudice, and his motion to proceed in forma pauperis 2 is denied as moot. The Clerk is directed to enter judgment against Plaintiff and CLOSE this case. Signed by Judge William F. Jung on 1/10/2025. (MWC) |
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| Monday, January 06, 2025 | ||
| 2 | 2
motion
Proceed In Forma Pauperis
Thu 01/09 2:26 PM
MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Joshua M. Shaw.(LSS) |
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Att: 1
Mailing Envelope
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| 1 | 1
cmp
Complaint
Thu 01/09 2:24 PM
COMPLAINT against Howard Dimming filed by Joshua M. Shaw.(LSS) |
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Att: 1
Mailing Envelope
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