Payne v. Secretary, Department of Corrections (Duval County)
| Terrence Keith Payne |
| Secretary, Department of Corrections |
| 3:2023cv00635 |
| May 26, 2023 |
| US District Court for the Middle District of Florida |
| Jacksonville Office |
| Marcia Morales Howard |
| Monte C Richardson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on May 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 TRANSFER IN from the Northern District of Florida. Case assigned to District Judge Marcia Morales Howard and Magistrate Judge Monte C. Richardson. New Case Number: 3:23-cv-635-MMH-MCR. (MDC) |
| Filing 13 Case transferred in from District of Florida Northern; Case Number 4:22-cv-00426. File received electronically |
Filing 12
ORDER OF TRANSFER. I have determined the report and recommendation #11 should be adopted, and I now incorporate it into this order. The Motion to Transfer #9 is GRANTED. The clerk will take appropriate steps to transfer this proceeding to the United States District Court for the Middle District of Florida. The clerk will then close the file. Signed by JUDGE ALLEN C WINSOR on 5/25/2023. (atm) [Transferred from flnd on 5/26/2023.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: #11 REPORT AND RECOMMENDATION TO TRANSFER 1 HABEAS CORPUS PETITION (bkp) [Transferred from flnd on 5/26/2023.] |
| Filing 11 REPORT AND RECOMMENDATION TO TRANSFER #1 HABEAS CORPUS PETITION. It is therefore respectfully RECOMMENDED that Respondents Motion to Transfer Venue, ECF No. #9, be GRANTED, and the case file, including any service copies and pending motions, be TRANSFERRED to the United States District Court for the Middle District of Florida, Jacksonville Division, for all further proceedings. Internal deadline for referral to district judge if objections are not filed earlier: 4/28/2023. R&R flag set. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 03/31/2023. (rcb) [Transferred from flnd on 5/26/2023.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #10 First MOTION for Extension of Time to File Answer, #9 MOTION TO TRANSFER VENUE Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from flnd on 5/26/2023.] |
| Filing 10 First MOTION for Extension of Time to File Answer re #1 Petition for Writ of Habeas Corpus by RICKY D DIXON. (CONLEY, ANNE) [Transferred from flnd on 5/26/2023.] |
| Filing 9 MOTION TO TRANSFER VENUE. (Internal deadline for referral to judge if response not filed earlier: 4/12/2023). (CONLEY, ANNE) Modified to edit title on 3/30/2023 (rcb). [Transferred from flnd on 5/26/2023.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #8 ACKNOWLEDGMENT OF SERVICE Executed-STATE OF FLORIDA. Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from flnd on 5/26/2023.] |
| Filing 8 ACKNOWLEDGMENT OF SERVICE Executed-STATE OF FLORIDA. (rcb) [Transferred from flnd on 5/26/2023.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #7 NOTICE OF APPEARANCE. Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from flnd on 5/26/2023.] |
| Filing 7 NOTICE of Appearance by ANNE CATHERINE CONLEY on behalf of RICKY D DIXON (CONLEY, ANNE) [Transferred from flnd on 5/26/2023.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #6 ACKNOWLEDGMENT OF SERVICE Executed/FDC OFFICE OF GENERAL COUNSEL. Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from flnd on 5/26/2023.] |
| Filing 6 ACKNOWLEDGMENT OF SERVICE Executed/FDC OFFICE OF GENERAL COUNSEL. (rcb) [Transferred from flnd on 5/26/2023.] |
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Filing 5
ORDER DIRECTING RESPONSE TO 2254 PETITION: The Clerk shall serve copies of the 2254 petition (ECF No. #1) and this order on Respondent and the Attorney General of the State of Florida. Respondent shall file an answer, motion, or other response to the petition on or before 3/29/2023. Petitioner shall file a reply, if any, no later than 4/28/2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/29/2022. (tpm) [Transferred from flnd on 5/26/2023.]
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| Filing 4 Filing fee: $ 5.00, receipt number FLN400045722. Fee status updated to paid. (tpm) [Transferred from flnd on 5/26/2023.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 4 Filing Fee Received. (tpm) [Transferred from flnd on 5/26/2023.] |
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Filing 3
ORDER. The Clerk of Court shall forward to Petitioner an application for leave to proceed IFP. Petitioner shall have until 1/9/2023, to either submit a complete IFP application or pay the $5.00 filing fee. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/08/2022. (rcb)**IFP FORWARDED AS DIRECTED** [Transferred from flnd on 5/26/2023.]
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| Filing 2 Notice to Pro Se (tpm) [Transferred from flnd on 5/26/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by TERRENCE KEITH PAYNE. (tpm) (Two service copies provided. Filing fee NOT paid / no IFP filed.) [Transferred from flnd on 5/26/2023.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #1 Petition for Writ of Habeas Corpus. (tpm) [Transferred from flnd on 5/26/2023.] |
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| Petitioner: Terrence Keith Payne | |
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| Respondent: Secretary, Department of Corrections | |
| Represented By: | Anne Catherine Conley |
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