Clumm v. Secretary, Department of Corrections et al
| Donald Merrill Clumm |
| Secretary, Department of Corrections and Attorney General |
| 6:2017cv00445 |
| March 13, 2017 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Seminole |
| John Antoon |
| Gregory J. Kelly |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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| Document Text |
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Filing
54
ORDER granting in part and denying in part 1 Petition for writ of habeas corpus filed by Donald Merrill Clumm. Petition is conditionally granted in part as to Claim One. Within 10 days from the date of this order State of Florida is directed to offer petitioner a plea agreement containing same terms contained in original offer which would cause the petitioner to receive a sentence of no more than 70 months. Upon acceptance of plea the State of Florida shall vacate the 30 year sentence imposed on 10/10/12. The Federal Public Defender shall monitor compliance with this order and the State shall notify this court of it's compliance with the order. Claims Two, Three, Four, Five, Six and Seven have been dismissed with prejudice. Court denies certificate of appealability. Clerk shall enter judgment conditionally granting relief in favor of Petitioner as to Claim One and in favor of Respondents on all remaining claims and close the case. Signed by Judge John Antoon II on 3/18/2020. (copies mailed/emailed)(AKC)
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Filing
29
ORDER: the Court will hold an evidentiary hearing on Claim One of 1 Petition for writ of habeas corpus filed by Donald Merrill Clumm; the hearing is scheduled for November 15, 2019 at 9:30 a.m. in Courtroom 6B of the George C. Young United Sta tes Courthouse Annex; United States Magistrate Judge Kelly is directed to appoint counsel on behalf of Petitioner pursuant to Rule 8(c) of the Rules Governing Section 2255 Proceedings; at least twenty-one days prior to the evidentiary hearing, Petiti oner shall file a statement entitled "Pretrial Narrative Statement" as outlined in this Order; at least fourteen days prior to the evidentiary hearing, Respondents shall file a "Pretrial Narrative Statement" as outlined in this Order; Claims Two, Three, Four, Five, Six, and Seven are denied and dismissed with prejudice. Signed by Judge John Antoon II on 8/27/2019. (BRS)
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