Simmons v. State of Florida et al (Lee County)
| Matthew Tyrone Simmons |
| Attorney General, State of Florida and Secretary, DOC |
| 2:2020cv00575 |
| August 7, 2020 |
| U.S. District Court for the Middle District of Florida |
| Nicholas P Mizell |
| John E Steele |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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Filing 16
NOTICE of Appearance by Sonya Roebuck Horbelt on behalf of Secretary, DOC (Horbelt, Sonya)
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Filing 15
ORDER on or before October 13, 2020, counsel for Respondent is DIRECTED to file a notice of appearance. ORDER to respond and show cause why the petition should not be granted. Response to petition due by 12/29/2020. On or before January 6, 2021, Respondent is DIRECTED to electronically file the state court record on CM/ECF. Petitioner has 30 days to reply to the petition response. The reply must not exceed 10 pages. Clerk is directed to electronically serve this Order, the operative Petition, any memorandum and exhibits filed with the Petition to Respondent, and a courtesy copy to the Attorney General of the State of Florida (electronically); and mail a copy of this Order to Petitioner. If applicable, the Clerk is DIRECTED to dismiss all named Respondents except for the Secretary of the Florida Department of Corrections and terminate them from the file. Signed by Judge John E. Steele on 9/29/2020. (Attachments: #1 Petition for Writ of Habeas Corpus)(SLU)
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FEES paid by Matthew Tyrone Simmons (Filing fee $5 receipt number FtM014843) (RMT)
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Filing 14
MOTION for Extension of Time to pay filing fee of $5.00 by Matthew Tyrone Simmons. (Attachments: #1 Mailing Envelope)(MLS) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 13
ORDER denying #11 Motion specifically to proceed with case. Signed by Magistrate Judge Nicholas P. Mizell on 9/2/2020. (SLU)
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Filing 12
ORDER denying as moot #8 Motion to Proceed In Forma Pauperis. Signed by Magistrate Judge Nicholas P. Mizell on 9/2/2020. (SLU)
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Filing 11
MOTION for Miscellaneous Relief, specifically to proceed with case by Matthew Tyrone Simmons. (Attachments: #1 Exhibit 1, #2 Mailing Envelope)(MLS) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 9
ORDER granting #7 Motion for Extension of Time to File. Petitioner shall pay the $5.00 filing fee within thirty (30) days of this Order. Signed by Magistrate Judge Nicholas P. Mizell on 8/25/2020. (SLU)
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Filing 10
NOTICE of pendency of related cases re #4 Track 1 Notice and Related Case Order per Local Rule 1.04(d) by Matthew Tyrone Simmons. Related case(s): yes (Attachments: #1 Mailing Envelope)(drn) Modified on 8/28/2020 to amend docket text (MLS).
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Filing 8
MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Matthew Tyrone Simmons. (Attachments: #1 Mailing Envelope)(drn) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 7
LETTER MOTION for Extension of Time to Pay $5.00 filing fee by Matthew Tyrone Simmons. (Attachments: #1 Exhibit Inmate Request, #2 Mailing Envelope)(SLU) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 6
ORDER The Clerk shall return the signature page of the Petition (Doc. #1 at 15) to Petitioner in order that Petitioner may sign and date the Petition. Petitioner shall sign and date the signature page of the Petition and return it to the Court within twenty-one (21) days of the date of this Order re #1 Petition for writ of habeas corpus filed by Matthew Tyrone Simmons. If Petitioner fails to timely return a signed Petition, the Court will strike the unsigned Petition and dismiss this case. Signed by Magistrate Judge Nicholas P. Mizell on 8/12/2020. (SLU)
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Filing 5
ORDER denying #2 Motion to Proceed In Forma Pauperis. Petitioner shall, within THIRTY (30) DAYS from the date on this Order, pay $5.00 to the Clerk of Court. A check from a penal institution, a cashier's check, or a money order should be made payable to "Clerk, U.S. District Court." Personal checks will not be accepted. The Court warns Petitioner that failure to tender this amount or to explain non-payment within the allotted time period will result in the dismissal of this action without further notice. Signed by Magistrate Judge Nicholas P. Mizell on 8/12/2020. (SLU)
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Filing 4
TRACK ONE AND RELATED CASE ORDER. Signed by All Divisional Judges on 8/11/2020. (SLU)
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Filing 3
STANDING ORDER REGARDING HABEAS PETITION. Signed by All Divisional Judges on 8/11/2020. (SLU)
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Filing 2
MOTION to Proceed In Forma Pauperis by Matthew Tyrone Simmons. (Attachments: #1 Mailing Envelope)(RMT) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 1
PETITION for Writ of Habeas Corpus - State (no service copies; no fee/ifp) filed by Matthew Tyrone Simmons. (Attachments: #1 Mailing Envelope)(RMT) (Additional attachment(s) added on 8/27/2020 re #6 Order: #2 Exhibit Signature Page) (drn). Modified on 8/27/2020 (drn).
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