Undue delay as to IFP in bivens action

[Bivens_savage]

Middle District Florida, Tampa Division

 

[quincy]

Middle District Florida, Tampa Division

More details would be nice.

You can use the "reply to thread" feature to add them (but please do not add any personal identifying information). Thanks.

 

[Bivens_savage]

Undue delay in bivens action

I have an IFP pending since 12/5/16 and it is a whopper 21 defendant 1983/bivens action against DEA/DHS/ICE and state actors that participated in the initial warrantless search of my home back in 2015. I hope the delay is a good sign, and not the attempt to toll the statute before I know what happened, as I am well aware of the time to file my FTCA administrative claim in conjunction to this case XXXXXX. I will pursue both avanues. But I pray, the mag judge is just considering logistics of a multi-state diversity/bivens against special agents, and local 1983, along with proof of munipal liabilty, and prosocutorial misconduct by SAO, and Sheriff, along with collusion, and perjury by state and fed actors. It could take a while, but 7 months???? Please humor me and read my pleadings, I am no slouch and I drafted this in my infancy of studying civil law.

 

[Zigner]

I have an IFP pending since 12/5/16 and it is a whopper 21 defendant 1983/bivens action against DEA/DHS/ICE and state actors that participated in the initial warrantless search of my home back in 2015. I hope the delay is a good sign, and not the attempt to toll the statute before I know what happened, as I am well aware of the time to file my FTCA administrative claim in conjunction to this case XXXXXX. I will pursue both avanues. But I pray, the mag judge is just considering logistics of a multi-state diversity/bivens against special agents, and local 1983, along with proof of munipal liabilty, and prosocutorial misconduct by SAO, and Sheriff, along with collusion, and perjury by state and fed actors. It could take a while, but 7 months???? Please humor me and read my pleadings, I am no slouch and I drafted this in my infancy of studying civil law.

Nobody is going to read your pleadings. As I said in your other thread, hire an attorney.

 

[FlyingRon]

And nobody really wants to read your posts if you can't use sentences.

If you write your court papers like that I can guarantee you won't get very far even if they do allow you to file without fees.

 

[Bivens_savage]

Gee, thank you Mr. Obvious. If you even have a pacer account, you will consider yoireself now, admonished to read my numbered paragraphed pleadings. Limited to a single set of circumstances. If you two could even attempt to plead a case this complex, in district court, you still wouldn't be on my level.

 

[Zigner]

Gee, thank you Mr. Obvious. If you even have a pacer account, you will consider yoireself now, admonished to read my numbered paragraphed pleadings. Limited to a single set of circumstances. If you two could even attempt to plead a case this complex, in district court, you still wouldn't be on my level.

Great job at endearing yourself to the folks who you are practically begging for advice.

 

[cbg]

You may or may not be the most skilled legal student to ever walk the earth, but your writing skills as demonstrated here are abysmal and your attitude sufficiently poor as to ensure that no one here is going to give your pleadings the time of day.

 

[NIV]

Because of the term "IFP", I assume Bivens_savage is presently a guest of the government and has a motion before the court waiting for a determination he can file without paying the fees. And, on that, I'm confused. It seems he has not made an administrative claim as yet. How a lawsuit is ripe on a 1983 (And other statutes) action before denied the administrative claim is something I don't know. I also don't know why having a statute "toll" would be a problem for the OP as the limitations for the claim and for the action will be defenses used against him if the time has run. Tolling the statute would give more time and be something he would seek to have and not seek to avoid.

As for the 7 months, I would not place any significance on the time. From what is written so far, this will most probably fail from the start for simple errors. If it actually gets past a demurrer, I don't think the OP has a good sense to get past qualified immunity--let alone have the court determine the underlying suit.

 

[FlyingRon]

IFP is not solely for those in custody. Anybody who can show they can't provide themselves with the "necessities of life" while also covering the cost of the litigation can apply.

 

[NIV]

IFP is not solely for those in custody. Anybody who can show they can't provide themselves with the "necessities of life" while also covering the cost of the litigation can apply.

Anybody can claim In Forma Pauperis. I've only seen the designation IFP on filings from prisoners. But, accept the term can be used by anyone.

 

[Bivens_savage]

Sorry for the sarcasm, and poor attitude. No, I am not detained in any way.... as of yet.

I do think that I will get another shot to amend this 21 defendant lawsuit, and my home was searched without a warrant by DEA, DHS, ICE, and local TPD, where they allegedly made a controlled narcotics delivery to the homeowner, and sought to allege my complicity, or collusion.

However, they were sent packing, I lawyered up, prior to repeated attempts to ask me questions. In the end, they called the child abuse hotline as a result of alleged narcotics traffic, and a loaded firearm in the home owners portion of the house(bedroom).

Said that, (while my kid was in school) the "child is outside playing in the road and not being mindfull of traffic" and "the parents are both ennibriated and unable to provide care for the child."

Now the timestamp on this report, is at the time my kid got off the bus, in front of my house. At this time the report is made, they let my wife get my kid from the bus stop and leave.

They made a report in bad faith, in retaliation for my smart *ss comments, and attitude during they're which hunt. And being turned down for a warrant, it was all they could do to initiate any type of legal proceedings.

I know im the only one that cares, but I always welcome smart *ss comments and opposition. Thanks, you guy's/gals are great!

 

[FlyingRon]

You should lawyer up now if you think you have any chance. The truth is, you've not said one thing that is the basis for any sort of lawsuit.

Provided they have probable cause, possibly exigent circumstances, they can enter your house.
Anybody can call child services, in fact, they ARE REQUIRED BY LAW to do so even if they faintly suspect a problem.
Law enforcement officers are allowed to carry guns.

We have no idea why your IFP claim failed the first time (though I suspect if you were able to "lawyer" up before, you have sufficient funds to do so now). While IFP doesn't require you to be completely destitute, it's not waived just because you find it inconvenient to pay the filing fees.

What relief are you asking for anyhow?

Frankly, it's not all that hard to find lawyers to file federal civil rights suits if you have a shred of a case. They're allowed to collect attorneys fees in such even if you get only a token award of damages.

Please avoid the insults and the profanity. We may not have told you what you want to hear, but that's not "smart a--" and you demonstrate your continued ill-temperment to go pro se in any court (let alone Federal where they will not put up with this nonsense).

 

[Bivens_savage]

Thank you, by the way. They did not in fact have probable cause, in my opinion.

I was allegedly under survailence for some time.
Given the controlled delivery to the homeowner contained an inert substance, they had personal knowlege that no illegal substance was in the residence.

I specifically asked to see a search warrant, before they barged past me, claiming later in testimony(civil court), that they had permission to enter and search.

They then seized the firearm, and claimed that it was mine.(im a felon)

The illegal search, and seizure, without a warrant, and with personal knowledge that narcotics are not in(my portion) of the residence, constitutes a very factual 4th amendment violation.

 

[Zigner]

Thank you, by the way. They did not in fact have probable cause, in my opinion.

I was allegedly under survailence for some time.
Given the controlled delivery to the homeowner contained an inert substance, they had personal knowlege that no illegal substance was in the residence.

I specifically asked to see a search warrant, before they barged past me, claiming later in testimony(civil court), that they had permission to enter and search.

They then seized the firearm, and claimed that it was mine.(im a felon)

The illegal search, and seizure, without a warrant, and with personal knowledge that narcotics are not in(my portion) of the residence, constitutes a very factual 4th amendment violation.

You've come to a conclusion that must be determined by a trier of fact. If you can't recognize that, then it's even more of a reason for you to get an attorney.