Cunningham v. United States Of America et al

Florida Southern District Court
Judge:	Roy K Altman
Referred:	Lisette M Reid
Case #:	1:21-cv-23487
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	28:1331 Federal Question

Case Filed:	Sep 30, 2021
Terminated:	May 09, 2022

Docket
Parties (3)

Last checked: Tuesday Mar 29, 2022 4:33 AM EDT

Defendant Trevor Christopher Jones	Represented By Dexter Lee United States Attorney'S Office contact info
Defendant United States Of America	Represented By Dexter Lee United States Attorney'S Office contact info
Plaintiff Patrick Cunningham 7520 SW 104th Ave #200 Doral, FL 33178

Docket last updated: 3 hours ago

Tuesday, June 14, 2022
		order Order on Motion for Extension of Time to File Response/Reply/Answer Tue 06/14 8:15 AM PAPERLESS ORDER denying23 Motion for Extension of Time to File Reply. The Plaintiff, Patrick Cunningham, requests a "60 day extension to file a reply to the Court's order." [ECF No. 23] at 1. We'll construe this as a request for an extension of time to file a Fed. R. Civ. P. 59(e) motion to alter or amend our May 9, 2022 Order dismissing and closing the case. See Order of Dismissal [ECF No. 22]. Since the Federal Rules of Civil Procedure "prohibit[] extending the time to file a Rule 59(e) motion," see Green v. Drug Enf't Admin. , 606 F.3d 1296, 1300 (11th Cir. 2010) (citing Fed. R. Civ. P. 6(b)(2)), Cunningham's motion for extension of time is DENIED . Signed by Judge Roy K. Altman on 6/14/2022. (cps) Related: [-]
Monday, June 13, 2022
23		23 motion Extension of Time to File Response/Reply/Answer Mon 06/13 2:26 PM MOTION for an Extension of Time to Reply to the Court Order Doc # 22 as to22 Order Dismissing/Closing Case, by Patrick Cunningham. (mee) Related: [-]
Monday, May 09, 2022
22		22 5 pgs order Order Dismissing/Closing Case or Party Mon 05/09 4:15 PM ORDER. The Defendants' Motion to Dismiss [ECF No.6 ] is GRANTED. This action is DISMISSED for failure to state a claim. The Clerk of Court shall CLOSE this case. All pending motions are DENIED as moot. All pending deadlines and hearings are TERMINATED. Signed by Judge Roy K. Altman on 5/9/2022. See attached document for full details. (daa) Related: [-]
Thursday, May 05, 2022
21		21 motion Extension of Time Fri 05/06 9:07 AM Motion for Extension of Time to prepare his case by Patrick Cunningham. Responses due by 5/19/2022 (mee) Related: [-]
20		20 misc Letter Fri 05/06 9:01 AM Letter re: cannot prepare for trial from Patrick Cunningham (mee) Related: [-]
18		18 motion Miscellaneous Relief Thu 05/05 9:22 AM Emergency Motion to the Court to have the Movant's Status as a U.S. Citizen Recognized Order Ice/INS to Remove it's Detainer and to Order the BOP to Release the Movant Immediately (address updated) by Patrick Cunningham. (mee) Modified on 5/5/2022 (mee) Related: [-]
		order Order on Motion for Miscellaneous Relief Thu 05/05 11:21 AM PAPERLESS ORDER denying18 Emergency Motion. The Plaintiff has filed an emergency motion demanding that we "declare his status as a U.S. citizen," "order ICE/INS to remove the detainer" against him, and "order his emediat [sic] release from the BOP." Emergency Motion [ECF No. 18] at 1. We have the power to do none of these things. "The Government of the United States has broad, undoubted power over the subject of immigration and the status of aliens." Arizona v. United States , 567 U.S. 387, 394 (2012). But all of this power is concentrated in the Legislative and Executive branches of our federal government. See Trump v. Hawaii , 138 S. Ct. 2392, 2418 (2018) ("[T]he admission and exclusion of foreign nationals is a fundamental sovereign attribute exercised by the Governments political departments largely immune from judicial control." (cleaned up)). In other words, we cannot unilaterally "declare" the Plaintiff to be a United States Citizen�that is solely within the authority of the other branches of government. The Emergency Motion [ECF No. 18] is DENIED . Signed by Judge Roy K. Altman on 5/5/2022. (cps) Related: [-]
Friday, February 25, 2022
17		17 notice Notice (Other) Fri 02/25 10:57 AM NOTICE by Trevor Christopher Jones, United States Of America of Filing Defendants' Unilateral Scheduling Report (Lee, Dexter) Related: [-]
		Att: 1 Exhibit A - Defendants' Unilateral Scheduling Report,
		Att: 2 Exhibit B - Defendants' Proposed Scheduling Order
Tuesday, February 22, 2022
16		16 misc Status Report Tue 02/22 8:44 PM STATUS REPORT Regarding Filing of Joint Scheduling Report by Trevor Christopher Jones, United States Of America(Lee, Dexter) Related: [-]
		Att: 1 Exhibit A - February 16, 2022 letter to plaintiff with attachments
Thursday, February 10, 2022
		order Order on Motion for Extension of Time Thu 02/10 7:39 AM PAPERLESS ORDER GRANTING14 the Defendants' Motion for Enlargement of Time to File the Joint Scheduling Report. The parties shall file the Joint Scheduling Report by February 22, 2022. Signed by Judge Roy K. Altman on 2/10/2022. (jk01) Related: [-]
		utility ~Util - Set/Reset Deadlines/Hearings Thu 02/10 8:05 AM Set Deadlines Per DE#15. Joint Scheduling Report due by 2/22/2022 (cqs) Related: [-]
Monday, February 07, 2022
14		14 motion Extension of Time Mon 02/07 2:27 PM Defendant's MOTION for Extension of Time to File Joint Scheduling Report re11 Order Requiring Joint Scheduling Report, by Trevor Christopher Jones, United States Of America. Responses due by 2/22/2022(Lee, Dexter) Related: [-]
		Att: 1 Text of Proposed Order
13		13 misc Certificate of Other Affiliates/Corporate Disclosure Statement Mon 02/07 2:22 PM Defendant's Corporate Disclosure Statement by Trevor Christopher Jones, United States Of America (Lee, Dexter) Related: [-]
Friday, January 21, 2022
12		12 order - Order (PAPERLESS or pdf attached) Sun 01/23 7:16 PM ORDER IN CASES WITH MULTIPLE DEFENDANTS. Signed by Judge Roy K. Altman on 1/20/2022. See attached document for full details. (mee) Related: [-]
11		11 1 pgs order Order Requiring Joint Scheduling Report Sun 01/23 7:15 PM ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report,certificates of interested parties and corporate disclosure statements due by 2/7/2022. Signed by Judge Roy K. Altman on 1/21/2022. See attached document for full details. (mee) Related: [-]
Wednesday, December 22, 2021
9		9 respm Reply to Response to Motion Wed 12/22 12:28 PM Defendant's REPLY to Response to Motion re8 RESPONSE to Motion to Dismiss re6 Defendant's MOTION TO DISMISS1 Complaint FOR FAILURE TO STATE A CLAIM filed by Patrick Cunningham. (Lee, Dexter) Modified document link on 12/22/2021 (ebz) Related: [-]
		notice Clerks Notice of Docket Correction and Instruction to Filer - Attorney Wed 12/22 1:38 PM Clerks Notice to Filer re9 Reply to Response to Motion,. Incorrect Document Link ; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ebz) Related: [-]
Wednesday, December 15, 2021
8		8 respm Response to Motion Wed 12/15 4:00 PM RESPONSE to Motion to Dismiss re6 Defendant's MOTION TO DISMISS1 Complaint FOR FAILURE TO STATE A CLAIM filed by Patrick Cunningham. Replies due by 12/22/2021. (mee) Related: [-]
Friday, December 03, 2021
7		7 notice Notice (Other) Fri 12/03 4:58 PM NOTICE by Trevor Christopher Jones, United States Of America re6 Defendant's MOTION TO DISMISS1 Complaint FOR FAILURE TO STATE A CLAIM of Filing Corrected Motion to Dismiss (Lee, Dexter) Related: [-]
		Att: 1 Exhibit Defendants' Corrected Motion to Dismiss
6		6 motion Dismiss for Failure to State a Claim Fri 12/03 4:16 PM Defendant's MOTION TO DISMISS1 Complaint FOR FAILURE TO STATE A CLAIM by Trevor Christopher Jones, United States Of America. Attorney Dexter Lee added to party Trevor Christopher Jones(pty:dft), Attorney Dexter Lee added to party United States Of America(pty:dft). Responses due by 12/17/2021(Lee, Dexter) Related: [-]
		Att: 1 Exhibit A - Indictment, United States v. Cunningham, Case No. 19-CR-60284,
		Att: 2 Exhibit B - Jurisdictional Challenge, United States v. Cunningham (DE 107),
		Att: 3 Exhibit C - Order on Second Pretrial Conference and Defendant's Motion to Dismiss Counsel (DE 106),
		Att: 4 Exhibit D - Defendant's Notice of Filing Cross-Claim, United States v. Cunningham, Case No. 19-CR-60284,
		Att: 5 Exhibit E - Jury Verdict, United States v. Cunningham, DE 123
Tuesday, October 12, 2021
5		5 service Summons (Affidavit) Returned EXECUTED AS TO USA DFTS Tue 10/12 2:19 PM SUMMONS (Affidavit) Returned Executed by Patrick Cunningham. Trevor Christopher Jones served on 10/8/2021, response/answer due 12/7/2021. (lbc) Related: [-]
Thursday, September 30, 2021
4		4 service Summons Issued as to USA Thu 09/30 2:53 PM Summons Issued as to Trevor Christopher Jones(jbs) (jbs). Modified date on 9/30/2021 (jbs) Related: [-]
3		3 misc Clerks Receipt (combines Filing Fee and Partial Filing Fee) Thu 09/30 2:49 PM Clerks Notice of Receipt of Filing Fee received on 9/30/2021 in the amount of $ 402.00, receipt number FLS000014751. (drz) Related: [-]
2		2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jbs) Related: [-]
1		1 cmp Complaint Thu 09/30 2:40 PM COMPLAINT against Trevor Christopher Jones, United States Of America. Filing fees $ 402.00, filed by Patrick Cunningham.(jbs) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Summon(s)
		order Clerk's Notice of Judge Assignment and Optional Consent Thu 09/30 2:42 PM Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jbs) Related: [-]

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