Updated: 10/23/2026 05:05 AM
Case Title: McFarlane v. Secretary, Department of DefenseAssigned To: Judge Beth BloomFiled: 09/03/25Terminated:Nature of Suit: 899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency DecisionCause: 28:1343 Violation of Civil Rights
| Plaintiff: Kenroy McFarlane | represented by | Kenroy McFarlane 188 SE 36th Avenue Homestead, FL 33033 305-878-3924 kads71@hotmail.com PRO SE |
| Defendant: Secretary, Department of Defense Pete Hegseth, Department of Defense Information Systems Agency |
| Case Number | Filed | Entered | Document Number | Docket Text |
|---|---|---|---|---|
| 1:25-cv-23975-BB | 09/03/25 | 09/03/25 | 1 | COMPLAINT against Pete Hegseth. Filing fees $ 405.00. IFP Filed, filed by Kenroy McFarlane. (Attachments: # (1) Civil Cover Sheet)(caw) (Entered: 09/03/25) |
| 1:25-cv-23975-BB | 09/03/25 | 09/03/25 | 2 | MOTION for Leave to Proceed in forma pauperis by Kenroy McFarlane. (caw) (Entered: 09/03/25) |
| 1:25-cv-23975-BB | 09/03/25 | 09/03/25 | 3 | Judge Assignment to Magistrate Judge Marty Fulgueira Elfenbein. (caw) (Entered: 09/03/25) |
| 1:25-cv-23975-BB | 09/03/25 | 09/03/25 | 4 | ORDER EXPLANING MAGISTRATE JUDGE JURISDICTION AND PROVIDING INSTRUCTIONS TO PRO SE LITIGANT Signed by Magistrate Judge Marty Fulgueira Elfenbein on 9/3/2025. See attached document for full details. (pc) (Entered: 09/03/25) |
| 1:25-cv-23975-BB | 09/03/25 | 09/03/25 | 5 | ORDER denying [2] Motion for Leave to Proceed in forma pauperis. Filing Fee due by 9/12/2025. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 9/3/2025. See attached document for full details. (pc) (Entered: 09/03/25) |
| 1:25-cv-23975-BB | 09/12/25 | 09/12/25 | 6 | Consent by Pro Se Litigant (Non-Prisoner) Kenroy McFarlane to receive Notices of Electronic Filing at email address: KADS71@hotmail.com (blc) (Entered: 09/12/25) |
| 1:25-cv-23975-BB | 09/12/25 | 09/12/25 | 7 | Request Extension to Pay Filing Fees re DE [5] Order denying Motion for Leave to Proceed in forma pauperis by Kenroy McFarlane. Responses due by 9/26/2025. (blc) (Entered: 09/12/25) |
| 1:25-cv-23975-BB | 09/15/25 | 09/15/25 | 0 | Set/Reset Deadlines/Hearings per DE [8] Filing Fee due by 9/17/2025. (pcs) (Entered: 09/15/25) |
| 1:25-cv-23975-BB | 09/15/25 | 09/15/25 | 8 | PAPERLESS ORDER on Motion for Extension of Time. THIS CAUSE is before the Court on Pro se Plaintiff Kenroy McFarlane's Motion for Extension of Time to Pay Filing Fees (the "Motion"), ECF No. [7]. In the Motion, McFarlane asks the Court for an additional five days to pay the filing fee to initiate this action, which would extend his deadline from September 12, 2025 to September 17, 2025. See ECF No. [7] at 1. The Court finds good cause to allow Plaintiff's request. As a result, the Motion, ECF No. [7], is GRANTED. Accordingly, Plaintiff shall pay the case initiation filing fee to the Clerk no later than September 17, 2025. Signed by Magistrate Judge Marty Fulgueira Elfenbein on9/15/2025. (MFE) (Entered: 09/15/25) |
| 1:25-cv-23975-BB | 09/17/25 | 09/17/25 | 9 | Clerks Notice of Receipt of Filing Fee received on 9/17/2025 in the amount of $ 405.00, receipt number FLS307879. (vt) (Entered: 09/17/25) |
| 1:25-cv-23975-BB | 09/18/25 | 09/18/25 | 10 | MOTION for Case Reassignment to a District Court Judge by Kenroy McFarlane. (blc) (Entered: 09/18/25) |
| 1:25-cv-23975-BB | 09/18/25 | 09/18/25 | 11 | MOTION for Referral to Volunteer Attorney Program by Kenroy McFarlane. (blc) (Entered: 09/18/25) |
| 1:25-cv-23975-BB | 09/18/25 | 09/18/25 | 12 | PAPERLESS ORDER granting Plaintiff's Motion for Case Reassignment to District Court Judge, ECF No. [10]. Pursuant to Administrative Order 2025-11, the Clerk will randomly reassign the case to a District Judge following the Court's standardcivil case assignment procedures, keeping the original Magistrate Judge assigned to the case. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 9/18/2025. (MFE) (Entered: 09/18/25) |
| 1:25-cv-23975-BB | 09/18/25 | 09/18/25 | 13 | CLERK'S NOTICE OF REASSIGNMENT OF CASE. Case reassigned to Judge Beth Bloom and Magistrate Judge Marty Fulgueira Elfenbein for all further proceedings. Magistrate Judge Marty Fulgueira Elfenbein no longer assigned to case as presider. 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. (pcs) (Entered: 09/18/25) |
| 1:25-cv-23975-BB | 09/22/25 | 09/22/25 | 14 | Order Requiring Scheduling Report and Certificates of Interested Parties Signed by Judge Beth Bloom on 9/22/2025. See attached document for full details. (pc) (Entered: 09/22/25) |
| 1:25-cv-23975-BB | 09/22/25 | 09/22/25 | 15 | ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT Signed by Judge Beth Bloom on 9/22/2025. See attached document for full details. (pc) (Entered: 09/22/25) |
| 1:25-cv-23975-BB | 09/22/25 | 09/22/25 | 16 | ORDER REFERRING CASE TO VOLUNTEER ATTORNEY PROGRAM granting [11] Motion for Referral to Volunteer Attorney Program. Signed by Judge Beth Bloom on 9/22/2025. See attached document for full details. (pc) (Entered: 09/22/25) |
| 1:25-cv-23975-BB | 10/22/25 | 10/22/25 | 17 | ORDER TO FILE PROOF OF SERVICE. Signed by Judge Beth Bloom on 10/21/2025. See attached document for full details. (jas) (Entered: 10/22/25) |
| 1:25-cv-23975-BB | 12/03/25 | 12/03/25 | 18 | ORDER OF DISMISSAL WITHOUT PREJUDICE. Case is CLOSED. Signed by Judge Beth Bloom on 12/3/2025. See attached document for full details. (blc) (Entered: 12/03/25) |
| 1:25-cv-23975-BB | 12/04/25 | 12/04/25 | 19 | MOTION to Reopen by Kenroy McFarlane. (blc) (Entered: 12/04/25) |
| 1:25-cv-23975-BB | 12/04/25 | 12/04/25 | 20 | ACKNOWLEDGMENT OF SERVICE as to [1] Complaint filed by Kenroy McFarlane. (blc) (Entered: 12/04/25) |
| 1:25-cv-23975-BB | 12/05/25 | 12/05/25 | 21 | PAPERLESS ORDER granting ECF No. [19], Motion to Reopen Case. It is further ORDERED that Plaintiff shall properly serve the United States as required under Fed. R. Civ. P. 4(i)(3) no later than January 2, 2026. Signed by Judge Beth Bloom (jkk) (Entered: 12/05/25) |
| 1:25-cv-23975-BB | 01/05/26 | 01/05/26 | 22 | ACKNOWLEDGMENT OF SERVICE filed by Kenroy McFarlane. (blc) (Entered: 01/05/26) |
| 1:25-cv-23975-BB | 01/06/26 | 01/06/26 | 23 | ORDER OF DISMISSAL WITHOUT PREJUDICE. To the extent not otherwise disposed of, all pending motions are denied as MOOT and all deadlines are TERMINATED. Case is CLOSED. Signed by Judge Beth Bloom on 1/6/2026. See attached document for full details. (blc) (Entered: 01/06/26) |
| 1:25-cv-23975-BB | 01/13/26 | 01/13/26 | 24 | MOTION to Reopen Case by Kenroy McFarlane. (blc) (Entered: 01/13/26) |
| 1:25-cv-23975-BB | 01/13/26 | 01/13/26 | 25 | PAPERLESS ORDER denying ECF No. [24], Motion to Reopen Case as Plaintiff still has not properly effectuated service of the Defendant. Signed by Judge Beth Bloom (jkk) (Entered: 01/13/26) |
| 1:25-cv-23975-BB | 01/29/26 | 01/29/26 | 26 | ACKNOWLEDGMENT OF SERVICE by certified mail to US Attorney for the Southern District of Florida and US Attorney General filed by Kenroy McFarlane. (blc) (Entered: 01/29/26) |
| 1:25-cv-23975-BB | 01/30/26 | 01/30/26 | 27 | MOTION to Reopen by Kenroy McFarlane. ( Responses due by 2/13/2026.) (blc) (Entered: 01/30/26) |
| 1:25-cv-23975-BB | 02/02/26 | 02/02/26 | 28 | PAPERLESS ORDER granting ECF No. [27], Motion to Reopen Case. This case is Reopened. Defendant shall file a response to Plaintiff's Complaint no later than March 23, 2026. Signed by Judge Beth Bloom (jkk) (Entered: 02/02/26) |
| 1:25-cv-23975-BB | 02/02/26 | 02/03/26 | 0 | Set/Reset Response/Answer Due Deadline per DE [28]: Secretary, Department of Defense response/answer due 3/23/2026. (pcs) (Entered: 02/03/26) |
| 1:25-cv-23975-BB | 05/19/26 | 05/19/26 | 29 | ORDER ON DEFAULT PROCEDURES. Secretary, Department of Defense response/answer due 5/26/2026. Signed by Judge Beth Bloom on 5/19/2026. See attached document for full details. (blc) (Entered: 05/19/26) |
| 1:25-cv-23975-BB | 06/02/26 | 06/03/26 | 30 | MOTION for Clerk's Entry of Default as to Secretary, Department of Defense by Kenroy McFarlane. Responses due by 6/16/2026. (blc) (Entered: 06/03/26) |
| 1:25-cv-23975-BB | 06/03/26 | 06/03/26 | 31 | Clerk's Non-Entry of Default as to Secretary, Department of Defense - Motions Terminated: [30] Motion for Clerks Entry of Default. Reason: No proof of receipt by Secretary, Department of Defense. Signed by DEPUTY CLERK on 6/3/2026. (blc) (Entered: 06/03/26) |
| 1:25-cv-23975-BB | 06/03/26 | 06/04/26 | 32 | MOTION for Clerk's Entry of Default as to Secretary, Department of Defense by Kenroy McFarlane. Responses due by 6/17/2026. (blc) (Entered: 06/04/26) |
| 1:25-cv-23975-BB | 06/04/26 | 06/04/26 | 33 | Clerk's Non-Entry of Default as to Secretary, Department of Defense - Motions Terminated: [32] Motion for Clerks Entry of Default. Reason: No proof of receipt by Secretary, Department of Defense. Signed by DEPUTY CLERK on 6/4/2026. (blc) (Entered: 06/04/26) |
| 1:25-cv-23975-BB | 06/04/26 | 06/04/26 | 34 | MOTION to Extend Certificate of Service by Kenroy McFarlane. Responses due by 6/18/2026. (blc) (Entered: 06/04/26) |
| 1:25-cv-23975-BB | 06/04/26 | 06/04/26 | 35 | PAPERLESS ORDER granting [34] Motion for Extension of Time to File Motion for Clerk's Default by June 8, 2026. Signed by Judge Beth Bloom (BB) (Entered: 06/04/26) |
| 1:25-cv-23975-BB | 06/08/26 | 06/09/26 | 36 | MOTION for Clerk's Entry of Default as to Secretary, Department of Defense by Kenroy McFarlane. Responses due by 6/22/2026. (blc) (Entered: 06/09/26) |
| 1:25-cv-23975-BB | 06/09/26 | 06/09/26 | 37 | Clerk's Non-Entry of Default as to Secretary, Department of Defense - Motions Terminated: [36] Motion for Clerks Entry of Default. Reason: No proof of receipt by Secretary, Department of Defense. Signed by DEPUTY CLERK on 6/9/2026. (blc) (Entered: 06/09/26) |
| 1:25-cv-23975-BB | 06/16/26 | 06/16/26 | 0 | Set/Reset Deadlines/Hearings per DE [38] Show Cause Response due by 6/23/2026. (pcs) (Entered: 06/16/26) |
| 1:25-cv-23975-BB | 06/16/26 | 06/16/26 | 38 | SUA SPONTE PAPERLESS ORDER TO SHOW CAUSE. On May 19, 2026, the Court ordered Plaintiff to move for clerk's entry of default by June 2, 2026. ECF No. [29]. The Court later extended that deadline to June 8, 2026. ECF No. [35]. By June 8, 2026, Plaintiff moved for clerk's entry of default three times but each time failed to provide proof of receipt by Defendant. ECF Nos. [30]-[37]. As such, Plaintiff must file a proper Motion for Clerk's Entry of Default or otherwise show cause why this case should not be dismissed for failure to prosecute by June 23, 2026. Failure to comply will result in dismissal without prejudice and without further notice. Signed by Judge Beth Bloom (aoh) (Entered: 06/16/26) |
| 1:25-cv-23975-BB | 06/23/26 | 06/23/26 | 39 | CERTIFICATE OF SERVICE re U.S. Attorney General by Kenroy McFarlane (blc) (Entered: 06/23/26) |
| 1:25-cv-23975-BB | 06/23/26 | 06/23/26 | 40 | CERTIFICATE OF SERVICE re U.S. Attorney for the Southern District of Florida by Kenroy McFarlane (blc) (Entered: 06/23/26) |
| 1:25-cv-23975-BB | 06/23/26 | 06/23/26 | 41 | CERTIFICATE OF SERVICE re Hon. Pete Hegseth by Kenroy McFarlane (blc) (Entered: 06/23/26) |
| 1:25-cv-23975-BB | 06/23/26 | 06/23/26 | 42 | MOTION for Clerk's Entry of Default as to Secretary, Department of Defense by Kenroy McFarlane. Responses due by 7/7/2026. (blc) (Entered: 06/23/26) |
| 1:25-cv-23975-BB | 06/23/26 | 06/23/26 | 43 | Clerk's Non-Entry of Default as to Secretary, Department of Defense -re: [42] Motion for Clerks Entry of Default. Reason: No proof of receipt by Secretary, Department of Defense. Signed by DEPUTY CLERK on 6/23/2026. (blc) (Entered: 06/23/26) |
| 1:25-cv-23975-BB | 06/25/26 | 06/25/26 | 44 | ORDER OF DISMISSAL WITHOUT PREJUDICE. The Clerk shall CLOSE the case. Signed by Judge Beth Bloom on 6/24/2026. See attached document for full details. (cwc) (Entered: 06/25/26) |
| 1:25-cv-23975-BB | 06/30/26 | 06/30/26 | 45 | MOTION to Vacate [44] Order Dismissing Case and Reopen Case by Kenroy McFarlane. Responses due by 7/14/2026. (scn) (Entered: 06/30/26) |
| 1:25-cv-23975-BB | 06/30/26 | 06/30/26 | 46 | Declaration in Support of [45] MOTION to Vacate [44] Order Dismissing Case and to Reopen Case by Kenroy McFarlane. (scn) (Entered: 06/30/26) |
| 1:25-cv-23975-BB | 06/30/26 | 06/30/26 | 47 | PAPERLESS ORDER denying without prejudice [45] Plaintiff's Motion to Vacate Order/Dismissal and Reopen Case. Plaintiff has not provided proof of completed service on Defendant. Signed by Judge Beth Bloom (aoh) (Entered: 06/30/26) |
| 1:25-cv-23975-BB | 07/28/26 | 07/28/26 | 48 | MOTION to Vacate Order/Dismissal and Reopen Case by Kenroy McFarlane. Responses due by 8/11/2026. (pcs) (Entered: 07/28/26) |
| 1:25-cv-23975-BB | 07/28/26 | 07/28/26 | 49 | Declaration in Support of Motion to Reopen by Kenroy McFarlane re [48] MOTION to Vacate MOTION to Reopen Case (pcs) (Entered: 07/28/26) |
| 1:25-cv-23975-BB | 07/28/26 | 07/28/26 | 50 | SUMMONS (Affidavit) Returned Executed by Kenroy McFarlane. Secretary, Department of Defense served on 7/15/2026, response/answer due 9/14/2026. (pcs) (Entered: 07/28/26) |
| 1:25-cv-23975-BB | 07/28/26 | 07/28/26 | 51 | MOTION for Clerk's Entry of Default as to Secretary, Department of Defense by Kenroy McFarlane. Responses due by 8/11/2026. (pcs) (Entered: 07/28/26) |
| 1:25-cv-23975-BB | 07/28/26 | 07/28/26 | 52 | Clerk's Non-Entry of Default as to Secretary, Department of Defense - Motions Terminated: [51] Motion for Clerks Entry of Default. Reason: Case Closed and Answer deadline has NOT lapsed Signed by DEPUTY CLERK on 7/28/2026. (pcs) (Entered: 07/28/26) |
| 1:25-cv-23975-BB | 07/28/26 | 07/28/26 | 53 | PAPERLESS ORDER denying [48] Plaintiff's Motion to Vacate Order/Dismissal and Reopen Case. Under Rule 4(m), service must be made upon a defendant within 90 days of the filing of the complaint, unless extended by the Court. Fed R. Civ. P. 4(m). Plaintiff's proof of service indicates that Defendant was served in July 2026, over 10 months after Plaintiff filed his Complaint. ECF No. [50] at 2. As such, the Court will not vacate its Order of Dismissal, ECF No. [44], nor will it re-open this case. Signed by Judge Beth Bloom (aoh) (Entered: 07/28/26) |
| 1:25-cv-23975-BB | 08/14/26 | 08/14/26 | 54 | MOTION for Relief from Judgment or Order Pursuant to Federal Rule of Civil Procedure 60(b) by Kenroy McFarlane. Responses due by 8/28/2026. (blc) (Entered: 08/14/26) |
| 1:25-cv-23975-BB | 08/14/26 | 08/14/26 | 55 | Declaration In Support of Motion to Reopen by Kenroy McFarlane (blc) (Entered: 08/14/26) |
| 1:25-cv-23975-BB | 10/19/26 | 10/19/26 | 56 | ORDER REOPENING CASE AND ORDERING RESPONSE; granting [54] Motion for Relief from Judgment. Plaintiff shall file proposes summons(es), and upon the Clerk's issuance of such summons(es), Plaintiff shall properly serve all parties required to beserved under Federal Rule of Civil Procedure 4(i) with a summons and copy of the Complaint and shall file proof of completed service by November 19, 2026. Signed by Judge Beth Bloom on 10/19/2026. See attached document for full details. (blc) (Entered: 10/19/26) |