Setts v. Anderson
| Burt Leon Setts |
| Jared Anderson |
| 2:2025cv00521 |
| June 17, 2025 |
| U.S. District Court for the Middle District of Florida |
| Ft. Myers Office |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on December 1, 2025. A more recent docket listing may be available from PACER.
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Filing 31
USCA Order - Dismissed for Want of Prosecution as to #24 Notice of Appeal filed by Burt Leon Setts. USCA number: 25-13252. Mandate to be issued at a later date. ***Stay lifted. ORDER: Pursuant to the 11th Cir. R. 42-1(b), this appeal is DISMISSED for want of prosecution because the appellant Burt Leon Setts failed to comply with the rules on Certificates of Interested Persons and Corporate Disclosure Statements within the time fixed by the rules; Motion for certificate of appealability construed from the notice of appeal is MOOT. (JTM)
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USCA appeal fees received $605, receipt number 17186 re #24 Notice of Appeal filed by Burt Leon Setts. (ABM)
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Filing 30
ENDORSED ORDER denying as moot petitioner Burt Leon Setts' request for the record on appeal (Doc. #28). The clerk transmitted the initial appeal package to the Eleventh Circuit on 9/18/2025. Signed by Magistrate Judge Nicholas P. Mizell on 10/2/2025. (NMC)
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Filing 29
ENDORSED ORDER denying as moot petitioner Burt Leon Setts' Application for Certificate of Appealability from the District Court (Doc. #27). The Court already held that Setts is not entitled to a certificate of appealability. (See Doc. #12). Signed by Judge Sheri Polster Chappell on 10/2/2025. (NMC)
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Filing 28
MOTION for Miscellaneous Relief, specifically Orders the Original Papers and Exhibits filed in the District Court by Burt Leon Setts. (Attachments: #1 Mailing Envelope)(LAW) Motions referred to Magistrate Judge Nicholas P. Mizell.
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***11th Circuit Case Number: 25-13252-G for #24 Notice of Appeal filed by Burt Leon Setts. (JTM)
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Filing 25
TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #24 Notice of Appeal. (LAW) (Main Document 25 replaced on 9/18/2025 to update docket sheet. Regenerated NEF) (LAW).
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Filing 27
MOTION for Certificate of Appealability and Statement of Reasons In Support by Burt Leon Setts. (Attachments: #1 Mailing Envelope)(LAW)
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Filing 26
Certificate of Interested Persons and DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Burt Leon Setts. (Attachments: #1 Mailing Envelope)(LAW)
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Filing 24
NOTICE OF APPEAL as to #13 Judgment, #12 Opinion and order, by Burt Leon Setts. Filing fee not paid. (Attachments: #1 Mailing Envelope)(LAW)
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Filing 23
ENDORSED ORDER denying Petitioner Burt Leon Setts' Amended Motion for New Trial; Altering or Amending a Judgment (Doc. #21). As the Court explained when it denied the initial motion, Setts must exhaust state postconviction remedies before seeking federal habeas relief. (See Doc. #22). Signed by Judge Sheri Polster Chappell on 8/28/2025. (NMC)
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Filing 22
ORDER denying #20 Motion for New Trial; denying #20 Motion to Alter Judgment. Signed by Judge Sheri Polster Chappell on 8/27/2025. (BGS)
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Filing 21
Amended MOTION for New Trial, MOTION to Alter or Amend Judgment by Burt Leon Setts. (Attachments: #1 Mailing Envelope)(LAW)
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Filing 20
MOTION for New Trial, MOTION to Alter or Amend Judgment by Burt Leon Setts. (Attachments: #1 Mailing Envelope)(LAW)
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Filing 19
ENDORSED ORDER directing the Clerk to update the plaintiff's mailing address to the Florida Civil Commitment Center, see Doc. [15-1], and send copies of Docs. #12 and #13 to that address. Signed by Judge Sheri Polster Chappell on 8/1/2025. (NMC)
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Filing 18
NOTICE of inquiry, NOTICE of change of address by Burt Leon Setts. Clerk responded with courtesy copy of docket sheet. (Attachments: #1 Mailing Envelope)(LAW) Modified text on 8/1/2025 (LAW).
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Filing 17
NOTICE of a related action per Local Rule 1.07(c) by Burt Leon Setts. Related case(s): No (Attachments: #1 Mailing Envelope)(LAW)
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Filing 16
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Burt Leon Setts. (Attachments: #1 Mailing Envelope)(LAW)
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Filing 15
Amended Memorandum of Law by Burt Leon Setts (Attachments: #1 Mailing Envelope)(LAW)
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Filing 13
JUDGMENT is entered dismissing the Petition without prejudice. (Signed by Deputy Clerk) (ELA)
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Filing 12
OPINION AND ORDER re: #1 Petition for Writ of Habeas Corpus. 1. Petitioner Burt Leon Setts' Petition Under 28 U.S.C. 2241 by a Person in Custody Pursuant to a State Court Judgment (Doc. 1) is DISMISSED without prejudice. 2. The Clerk is DIRECTED to terminate all pending motions and deadlines, enter judgment, and close this file. 3. Setts is not entitled to a certificate of appealability. Signed by Judge Sheri Polster Chappell on 6/23/2025. (BGS)
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Filing 11
STANDING ORDER regarding habeas petition. Signed by All Divisional Judges on 6/18/2025. (AEH)
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Filing 10
CIVIL Action Order for Confined Plaintiff. Signed by All Divisional Judges on 6/18/2025. (AEH)
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Filing 9
Case TRANSFERRED from the Northern District of Florida. Case assigned to District Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New Case Number: 2:25-cv-521-SPC-NPM. (LF)
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Filing 8
Case transferred in from District of Florida Northern; Case Number 4:25-cv-00227. File received electronically
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Filing 7
ORDER ACCEPTING REPORT AND RECOMMENDATION - The report and recommendation, ECF No. #4, is accepted and adopted, over the Petitioner's objections, as this Court's opinion. This 2241 petition is TRANSFERRED to the United States District Court for the Middle District of Florida, Fort Myers Division, for all further proceedings. The Clerk shall take all steps necessary to transfer this case. Signed by CHIEF JUDGE MARK E WALKER on 6/16/25. (sjb) [Transferred from flnd on 6/17/2025.]
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Filing 6
OBJECTION to #4 Report and Recommendations by BURT LEON SETTS. (Attachments: #1 Attachment 1) (sjb) [Transferred from flnd on 6/17/2025.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 5 Filing Fee Received. (sjb) [Transferred from flnd on 6/17/2025.]
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Filing 5
Filing fee: $ 5.00, receipt number 400004956. Fee status updated to paid. (sjb) [Transferred from flnd on 6/17/2025.]
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Filing 4
REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that this 2241 petition, along with any pending motions, be TRANSFERRED to the United States District Court for the Middle District of Florida, Fort Myers Division, for all further proceedings. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 5/20/2025. (baf) R&R flag set. (Internal deadline for referral to district judge if objections are not filed earlier: 6/17/2025.) [Transferred from flnd on 6/17/2025.]
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Filing 3
Notice to Pro Se (sjb) [Transferred from flnd on 6/17/2025.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #3 Notice to Pro Se, #2 Notice (Other), #1 Petition for Writ of Habeas Corpus. (sjb) [Transferred from flnd on 6/17/2025.]
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Filing 2
MEMORANDUM OF LAW by BURT LEON SETTS (sjb) [Transferred from flnd on 6/17/2025.]
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Filing 1
PETITION for Writ of Habeas Corpus, filed by BURT LEON SETTS. (sjb)(No service copies provided. No ifp. No fee paid.) [Transferred from flnd on 6/17/2025.]
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| Petitioner: Burt Leon Setts | |
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| Respondent: Jared Anderson | |
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