Milton v. Warden FCI Williamsburg
Petitioner: Marcus Milton
Respondent: Warden FCI Williamsburg
Case Number: 3:2021cv00177
Filed: February 23, 2021
Court: US District Court for the Middle District of Florida
Office: Jacksonville Office
Presiding Judge: Timothy J Corrigan
Referring Judge: Joel B Toomey
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2021 Filing 61 TRANSFER to Ocala Division and assigned case number 5:21-cv-129-WFJ-PRL (KKH)
March 2, 2021 Opinion or Order Filing 60 ORDER transferring this case to the Ocala Division of this Court; directions to the Clerk. Signed by Judge Timothy J. Corrigan on 3/2/2021. (CAW)
February 23, 2021 Filing 59 TRANSFER IN from the District of South Carolina. Case assigned to District Judge Corrigan and Magistrate Judge Toomey. New Case Number: 3:21-cv-177-TJC-JBT. (KKH)
February 23, 2021 Filing 58 Case transferred in from District of South Carolina; Case Number 5:20-cv-00177. File received electronically
February 22, 2021 Filing 56 ***DOCUMENT MAILED: #55 Memorandum Opinion and Order Transferring Petitioner's Petition w/NEF, placed in U.S. Mail from Florence Clerk's Office to Marcus Milton, #09131-035, USP, PO Box 1033, Coleman, FL 33521. (prou, ) [Transferred from scd on 2/23/2021.]
February 22, 2021 Filing 55 MEMORANDUM OPINION AND ORDER TRANSFERRING PETITIONER'S PETITION: This case is TRANSFERRED to the MDFL for further proceedings, and any pending motions are RENDERED AS MOOT. To the extent Milton requests a certificate of appealability from this Court, that certificate is DENIED. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 2/22/201. (prou, ) [Transferred from scd on 2/23/2021.]
September 21, 2020 Filing 51 OBJECTION to #44 Report and Recommendation by Marcus Milton. Reply to Objections due by 10/5/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(prou, ) [Transferred from scd on 2/23/2021.]
September 8, 2020 Filing 50 MOTION for Extension of Time to File Response/Reply as to #44 REPORT AND RECOMMENDATION re #26 MOTION to Dismiss for Lack of Jurisdiction filed by Warden FCI Williamsburg by Marcus Milton. Response to Motion due by 9/22/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)No proposed order.(prou, ) [Transferred from scd on 2/23/2021.]
August 31, 2020 Filing 48 ***DOCUMENT MAILED: 47 TEXT Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail from Florence Clerks Office to Marcus Milton, #09131-035, USP, PO Box 1033, Coleman, FL 33521 (dsto, ) [Transferred from scd on 2/23/2021.]
August 31, 2020 Filing 47 TEXT ORDER granting in part #46 Motion for Extension of Time to File Objections to #44 REPORT AND RECOMMENDATION. Time is extended until September 20, 2020 to respond. Signed by Honorable Mary Geiger Lewis on 08/31/2020.(dsto, ) [Transferred from scd on 2/23/2021.]
August 31, 2020 Filing 46 MOTION for Extension of Time to File Objections to #44 REPORT AND RECOMMENDATION by Marcus Milton. Response to Motion due by 9/14/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order. (Attachment(s) : #1 Envelope) (dsto) [Transferred from scd on 2/23/2021.]
August 13, 2020 Filing 45 ***DOCUMENT MAILED #44 REPORT AND RECOMMENDATION/NEF placed in U.S. Mail from Florence Clerk's Office to Marcus Milton #09131-035 US Penitentiary PO Box 1033 Coleman, FL 33521 (suro, ) [Transferred from scd on 2/23/2021.]
August 13, 2020 Filing 44 REPORT AND RECOMMENDATION: The undersigned recommends that the court grant Respondent's Motion to Dismiss, ECF No. #26, and dismiss the instant petition without prejudice. Objections to R&R due by 8/27/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 8/13/2020. (prou, ) [Transferred from scd on 2/23/2021.]
June 19, 2020 Filing 42 RESPONSE in Opposition re #26 MOTION to Dismiss for Lack of Jurisdiction. Response filed by Marcus Milton.Reply to Response to Motion due by 6/26/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(prou, ) [Transferred from scd on 2/23/2021.]
June 16, 2020 Filing 40 ***DOCUMENT MAILED: 39 TEXT Order on Motion for Extension of Time, placed in U.S. Mail from Florence Clerks Office to Marcus Milton, #09131-035, USP, PO Box 1033, Coleman, FL 33521 (dsto, ) [Transferred from scd on 2/23/2021.]
June 16, 2020 Opinion or Order Filing 39 TEXT ORDER: Petitioner's Motion for Extension of Time, ECF No.#38, is granted. Petitioner's deadline to respond to Respondent's pending Motion to Dismiss, ECF No.#26, is now August 14, 2020. Signed by Magistrate Judge Kaymani D West on 06/16/2020.(dsto, ) [Transferred from scd on 2/23/2021.]
June 15, 2020 Filing 38 MOTION for Extension of Time by Marcus Milton. Response to Motion due by 6/29/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) [Transferred from scd on 2/23/2021.]
June 5, 2020 Filing 37 ***DOCUMENT MAILED #36 Order placed in U.S. Mail from Florence Clerk's Office to Marcus Milton #09131-035 USP Coleman 1 US Penitentiary PO Box 1033 Coleman, FL 33521 (suro, ) [Transferred from scd on 2/23/2021.]
June 5, 2020 Opinion or Order Filing 36 ORDER: Petitioner is directed to advise the court whether he wishes to continue with this case and to file a response to Respondent's Motion to Dismiss for Lack of Jurisdiction by June 19, 2020. Petitioner is further advised that if he fails to respond, this action will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 6/5/2020. (prou, ) [Transferred from scd on 2/23/2021.]
March 24, 2020 Filing 32 ***DOCUMENT MAILED 31 Order on Motion for Leave to Proceed in forma pauperis, #30 Roseboro Order, placed in U.S. Mail from Florence Clerk's Office to Marcus Milton #09131-035 USP Coleman 1 US Penitentiary PO Box 1033 Coleman, FL 33521 (suro) [Transferred from scd on 2/23/2021.]
March 24, 2020 Opinion or Order Filing 31 TEXT ORDER: Plaintiff has submitted a Application to Proceed Without Prepayment of Fees and Affidavit, which is construed as a Motion for Leave to Proceed in forma pauperis. ECF No. #27. As Petitioner has paid the full filing fee associated with this action, see ECF No. 15, Petitioner's Motion is denied as moot. Signed by Magistrate Judge Kaymani D West on 3/24/2020.(prou, ) [Transferred from scd on 2/23/2021.]
March 24, 2020 Opinion or Order Filing 30 ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #26 MOTION to Dismiss for Lack of Jurisdiction. Response to Motion due by 4/24/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 3/24/2020. (prou, ) [Transferred from scd on 2/23/2021.]
March 23, 2020 Filing 27 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Marcus Milton. Response to Motion due by 4/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) [Transferred from scd on 2/23/2021.]
March 23, 2020 Filing 26 MOTION to Dismiss for Lack of Jurisdiction by Warden FCI Williamsburg. Response to Motion due by 4/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Certificate of Service)No proposed order.Motions referred to Kaymani D West.(Daley, Robert) [Transferred from scd on 2/23/2021.]
March 17, 2020 Filing 24 CERTIFIED MAIL RECEIPT re #18 Order 2241 Federal Habeas, served on Attorney General of the US on 3/13/2020. (prou, ) [Transferred from scd on 2/23/2021.]
March 16, 2020 Filing 23 NOTICE of Change of Address by Marcus Milton to Marcus Milton, #09131-035, USP Coleman I, U.S. Penitentiary, P.O. Box 1033, Coleman, FL 33521. (Attachments: #1 Envelope)(prou, ) [Transferred from scd on 2/23/2021.]
March 13, 2020 Filing 22 NOTICE of Change of Address by Marcus Milton from Marcus Milton, #09131-035, FCI Williamsburg, PO Box 340, Salters, SC 29590 **TO** Marcus Milton, #09131-035, USP Coleman I, U.S. Penitentiary, P.O. Box 1033, Coleman, FL 33521. (Attachments: #1 Envelope)(prou, ) [Transferred from scd on 2/23/2021.]
March 6, 2020 Filing 20 ***DOCUMENT MAILED: #18 Order 2241 Federal Habeas, placed in U.S. Mail from Florence Clerks Office to (by certified Mail-Return Receipt #7002-2030-0001-4451-8753) to US Attorney General, 950 Pennsylvania Ave., NW, Room B-103, Washington, DC, 29530 (dsto, ) [Transferred from scd on 2/23/2021.]
March 6, 2020 Filing 19 ***DOCUMENT MAILED: #18 Order 2241 Federal Habeas w/NEF, placed in U.S. Mail from Florence Clerks Office to Marcus Milton, #09131-035, FCIW, PO Box 340, Salters, SC, 29590 (dsto, ) [Transferred from scd on 2/23/2021.]
March 6, 2020 Opinion or Order Filing 18 ORDER authorizing service of process by clerk. Directing petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Kaymani D West on 03/06/2020. (Attachments: #1 2241 Petition)(dsto, ) [Transferred from scd on 2/23/2021.]
March 5, 2020 Filing 15 Filing fee: $ 5.00, receipt number SCX400014520. (prou, ) [Transferred from scd on 2/23/2021.]
February 21, 2020 Filing 14 ***DOCUMENTS RE-MAILED: #9 Proper Form Order w/NEF and Form AO 240, placed in U.S. Mail from Florence Clerk's Office to Marcus Milton, #09131-035, USP Coleman I, U.S. Penitentiary, P.O. Box 1033, Coleman, FL 33521. Also, mailed a Name and Address Update Form to the Petitioner at the same address. (prou, ) [Transferred from scd on 2/23/2021.]
February 3, 2020 Filing 12 Mail Returned as Undeliverable. Addressee: Marcus Milton, #09131-035, FCI Williamsburg, PO Box 340, Salters, SC 29590. Document Returned: #9 Proper Form Order. (prou, ) [Transferred from scd on 2/23/2021.]
January 23, 2020 Filing 10 ***DOCUMENTS MAILED: #9 Proper Form Order w/NEF and Form AO 240, placed in U.S. Mail from Florence Clerk's Office to Marcus Milton, #09131-035, FCI Williamsburg, PO Box 340, Salters, SC 29590. (prou, ) [Transferred from scd on 2/23/2021.]
January 23, 2020 Opinion or Order Filing 9 PROPER FORM ORDER: Case to be brought into proper form by 2/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kaymani D West on 1/23/2020. (prou, ) [Transferred from scd on 2/23/2021.]
January 17, 2020 Filing 3 TRUE DIVISION FOR TRIAL: Florence. (prou, ) [Transferred from scd on 2/23/2021.]
January 17, 2020 Filing 2 Letter from Marcus Milton. (Attachments: #1 Envelope)(prou, ) [Transferred from scd on 2/23/2021.]
January 17, 2020 Filing 1 PETITION for Writ of Habeas Corpus, filed by Marcus Milton. (Attachments: #1 Memorandum of Law, #2 Envelope)(prou, ) [Transferred from scd on 2/23/2021.] Modified to edit text on 2/23/2021 (KKH).

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Respondent: Warden FCI Williamsburg
Represented By: Robert F Daley, Jr
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Petitioner: Marcus Milton
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