Smith v. Secretary, Department of Corrections (Collier)
| Zachary O. Smith |
| Secretary, Department of Corrections |
| 2:2023cv01032 |
| November 13, 2023 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Kyle C Dudek |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.
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Filing 13
NOTICE of a related action per Local Rule 1.07(c) by Zachary O. Smith. Related case(s): Yes (Attachments: #1 Mailing Envelope)(ABM)
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Filing 12
CERTIFICATE of interested persons and corporate disclosure statement by Zachary O. Smith. (Attachments: #1 Mailing Envelope)(ABM)
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Filing 11
NOTICE to Court by Zachary O. Smith re #10 AMENDED MOTION to Appoint Counsel (Attachments: #1 Mailing Envelope)(JK)
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Filing 10
AMENDED MOTION to Appoint Counsel by Zachary O. Smith. (ABM) Motions referred to Magistrate Judge Kyle C. Dudek. (Additional attachment(s) added on 12/13/2023: #1 Mailing Envelope) (JK).
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Filing 9
NOTICE of Appearance by Sonya Roebuck Horbelt on behalf of Secretary, Department of Corrections (Horbelt, Sonya)
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Filing 8
ORDER to Respond and show cause why the petition should not be granted. AS TO RESPONDENT: 1. On or before November 29, 2023, counsel for Respondent is DIRECTED to file a notice of appearance. 2. On or before February 13, 2024, Respondent is DIRECTED to respond to each ground and argument raised in the Petition and show cause why the Petition should not be granted. 3. On or before February 20, 2024, Respondent is DIRECTED to electronically file the state court record on CM/ECF. AS TO PETITIONER: 1. Petitioner is DIRECTED to send Respondent's attorney of record a copy of every future pleading, motion, or other paper submitted for the Court's review. Petitioner must certify the date that an accurate copy of his filing was mailed to Respondent's attorney--called a "Certificate of Service." If any filing does not include a certificate of service, it will be stricken from the case and disregarded by the Court. 2. Petitioner may file a reply to the response but is not required to do so. Any reply must be filed 30 days after the response is filed. AS TO THE CLERK OF COURT: 1. The Clerk of Court is DIRECTED to: a. electronically send a copy of 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; and b. mail a copy of this Order to Petitioner. 2. 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. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge Sheri Polster Chappell on 11/15/2023. (BGS)
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Filing 7
ENDORSED ORDER granting Petitioner's request to proceed without paying the filing fee (Doc. #2). Signed by Magistrate Judge Kyle C. Dudek on 11/15/2023. (NMC)
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Filing 6
STANDING ORDER regarding habeas petition. Signed by all Division Judges on 11/14/2023. (AEH)
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Filing 5
CIVIL Action Order for Confined Plaintiff. Signed by all Division Judges on 11/14/2023. (AEH)
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Filing 4
NOTICE of inquiry by Zachary O. Smith re #3 MOTION to Appoint Counsel. Clerk responded with courtesy copy of document. (Attachments: #1 Mailing Envelope)(ABM)
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Filing 3
MOTION to Appoint Counsel by Zachary O. Smith. (Attachments: #1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 2
MOTION to Proceed In Forma Pauperis by Zachary O. Smith. (Attachments: #1 Inmate Trust Account Statement, #2 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 1
PETITION for Writ of Habeas Corpus - State filed by Zachary O. Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Mailing Envelope)(ABM)
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| Petitioner: Zachary O. Smith | |
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| Respondent: Secretary, Department of Corrections | |
| Represented By: | Sonya Roebuck Horbelt |
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