Gardner v. United States of America
Petitioner: Merrill Clark Gardner
Respondent: United States of America
Case Number: 6:2024cv00119
Filed: January 18, 2024
Court: US District Court for the Middle District of Florida
Office: Orlando Office
Presiding Judge: Robert M Norway
Referring Judge: Gregory A Presnell
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal)
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 30, 2024 Filing 22 TRANSFER to Ocala Division and assigned case number 5:24-cv-47-TPB-PRL (LSS)
January 30, 2024 Opinion or Order Filing 21 ORDER transferring case to the Ocala Division. Signed by Judge Gregory A. Presnell on 1/30/2024. (AKC)
January 19, 2024 Opinion or Order Filing 20 INITIAL CASE ORDER. Certificate of interested persons and corporate disclosure statement and notice of pendency of other actions due within 14 days. Signed by Judge Gregory A. Presnell on 1/19/2024. (AKC)
January 19, 2024 Filing 19 TRANSFER IN from the Northern District of Florida. Case assigned to District Judge Gregory A. Presnell and Magistrate Judge Robert M. Norway. New Case Number: 6:24-cv-119-GAP-RMN. (RPB)
January 19, 2024 Filing 18 Case transferred in from District of Florida Northern; Case Number 3:23-cv-10077. File received electronically
January 18, 2024 Opinion or Order Filing 17 ORDER. The magistrate judge's Report and Recommendation (ECF No. #16) is adopted and incorporated by reference in this order. The clerk shall transfer this case to the United States District Court for the Middle District of Florida, Orlando Division for all further proceedings. Signed by JUDGE M CASEY RODGERS on 01/18/2024. (alb) [Transferred from flnd on 1/19/2024.]
November 28, 2023 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #16 REPORT AND RECOMMENDATION re #14 Amended Petition for Writ of Habeas Corpus - Objections due 11/22/2023. (***None filed to date.***) (kdm) [Transferred from flnd on 1/19/2024.]
October 25, 2023 Filing 16 REPORT AND RECOMMENDATION re #14 Third Amended Petition for Writ of Habeas Corpus - It is recommended that this case be transferred to the United States District Court for the Middle District of Florida, Orlando Division. R&R flag set. Signed by MAGISTRATE JUDGE MIDORI A LOWRY on 10/25/2023. Internal deadline for referral to district judge if objections are not filed earlier: 11/22/2023. (kdm) [Transferred from flnd on 1/19/2024.]
October 19, 2023 Filing 15 NOTICE of Change of Address by MERRILL CLARK GARDNER. (New address: MERRILL CLARK GARDNER, 6307 LAKEWOOD DR, UNIT A, OCALA, FL 34472. (kdm) [Transferred from flnd on 1/19/2024.]
October 19, 2023 Filing 14 THIRD AMENDED PETITION for Writ of Habeas Corpus, filed by MERRILL CLARK GARDNER. (No service copies received.) (Parties will be updated only after the court has reviewed the amended complaint and specifically directed the Clerk to add the additional parties reflected in the amended complaint.) (kdm) [Transferred from flnd on 1/19/2024.]
October 19, 2023 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MIDORI A LOWRY notified that action is needed Re: #14 THIRD AMENDED PETITION for Writ of Habeas Corpus, (No service copies received). (kdm) [Transferred from flnd on 1/19/2024.]
September 27, 2023 Opinion or Order Filing 13 ORDER denying #12 Supplement to Second Amended Petition construed as a Motion to Supplement. He shall file his third amended petition as previously instructed on or before October 19, 2023. Signed by MAGISTRATE JUDGE MIDORI A LOWRY on 9/27/2023. (atm) [Transferred from flnd on 1/19/2024.]
September 26, 2023 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MIDORI A LOWRY notified that action is needed Re: #12 Supplement/Corrections, #10 Second Amended Petition for Writ of Habeas Corpus. (atm) [Transferred from flnd on 1/19/2024.]
September 25, 2023 Filing 12 SUPPLEMENT re #10 Second Amended Petition for Writ of Habeas Corpus by MERRILL CLARK GARDNER construed as a motion to supplement. (Attachments: #1 corrections) (atm) Modified on 9/27/2023 per #13 order (atm). [Transferred from flnd on 1/19/2024.]
September 15, 2023 Opinion or Order Filing 11 ORDER re #10 Second Amended Petition for Writ of Habeas Corpus filed by MERRILL CLARK GARDNER. The Clerk shall send Petitioner the appropriate form for filing a habeas corpus petition pursuant to 28 U.S.C. 2241. This case number and the words "Third Amended Petition" should be written on the form. Petitioner shall file a third amended petition as instructed herein by 10/19/2023. Signed by MAGISTRATE JUDGE MIDORI A LOWRY on 9/15/2023. (atm) - forms sent as directed. [Transferred from flnd on 1/19/2024.]
September 13, 2023 Filing 10 SECOND AMENDED PETITION for Writ of Habeas Corpus, filed by MERRILL CLARK GARDNER. (petition not dated; no service copies) (atm) [Transferred from flnd on 1/19/2024.]
September 13, 2023 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MIDORI A LOWRY notified that action is needed Re: #10 Second Amended Petition for Writ of Habeas Corpus. (atm) [Transferred from flnd on 1/19/2024.]
August 31, 2023 Opinion or Order Filing 9 ORDER, re #8 ORDER. Signed by MAGISTRATE JUDGE MIDORI A LOWRY on 8/31/2023. Show Cause Response due by 9/14/2023. (kdm) [Transferred from flnd on 1/19/2024.]
July 25, 2023 Opinion or Order Filing 8 ORDER granting #6 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to send Petitioner the appropriate form for filing a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. This case number and the words "Second Amended Petition" should be written on the form. On or before August 28, 2023, Petitioner shall file a second amended petition as instructed herein. Signed by MAGISTRATE JUDGE MIDORI A LOWRY on 7/25/2023. (atm) - form sent as directed. [Transferred from flnd on 1/19/2024.]
July 25, 2023 Set Deadlines - Second Amended Petition due by 8/28/2023. (atm) [Transferred from flnd on 1/19/2024.]
July 20, 2023 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MIDORI A LOWRY notified that action is needed Re: #5 Amended Petition for Writ of Habeas Corpus, #6 MOTION for Leave to Proceed in forma pauperis, #7 Notice of Change of Address. Referred to MIDORI A LOWRY. (atm) [Transferred from flnd on 1/19/2024.]
July 19, 2023 Filing 7 NOTICE of Change of Address by MERRILL CLARK GARDNER: 8671 SW 62ND TERRACE, OCALA, FLORIDA 34476. (atm) [Transferred from flnd on 1/19/2024.]
July 19, 2023 Filing 6 MOTION for Leave to Proceed in forma pauperis by MERRILL CLARK GARDNER. (atm) [Transferred from flnd on 1/19/2024.]
July 19, 2023 Filing 5 AMENDED PETITION for Writ of Habeas Corpus, filed by MERRILL CLARK GARDNER with two service copies. (atm) [Transferred from flnd on 1/19/2024.]
June 21, 2023 Opinion or Order Filing 4 ORDER re #2 Petition for Writ of Habeas Corpus filed by MERRILL CLARK GARDNER. The Clerk of Court is directed to send Petitioner (1) the appropriate form for filing a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 and (2) the forms for filing a motion to proceed in forma pauperis. This case number should be written on the forms, and the words "Amended Petition" should be written on the 2241 form. Petitioner shall file (1) an amended petition on the proper Court form, along with two identical service copies of his petition and any attachments; and (2) a complete in forma pauperis application or the $5.00 filing fee by 7/21/2023. Signed by MAGISTRATE JUDGE MIDORI A LOWRY on 6/21/2023. (atm) - forms sent as directed. [Transferred from flnd on 1/19/2024.]
June 15, 2023 Filing 3 Notice to Pro Se (atm) [Transferred from flnd on 1/19/2024.]
June 15, 2023 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MIDORI A LOWRY notified that action is needed Re: #2 Petition for Writ of Habeas Corpus. Referred to MIDORI A LOWRY. (atm) [Transferred from flnd on 1/19/2024.]
May 12, 2023 Filing 2 PETITION for Writ of Habeas Corpus, filed by MERRILL CLARK GARDNER. (no service copies or IFP) (atm) [Transferred from flnd on 1/19/2024.]
May 12, 2023 Opinion or Order Filing 1 ORDER AMENDING CASE ASSIGNMENT. Signed by CHIEF JUDGE MARK E WALKER on 11/14/2022. (mb) [Transferred from flnd on 1/19/2024.]

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Petitioner: Merrill Clark Gardner
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