Moton v. Secretary Department of Corrections
| Lewis Martin Moton, Jr |
| Secretary Department Of Corrections |
| 6:2024cv02236 |
| December 9, 2024 |
| U.S. District Court for the Middle District of Florida |
| Carlos E Mendoza |
| Leslie Hoffman Price |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 12 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 #11 Notice of Appeal. (JOS) |
| Filing 11 NOTICE OF APPEAL as to #9 Order on Motion to Proceed In Forma Pauperis, by Lewis Martin Moton, Jr. Filing fee not paid. (JOS) |
| Filing 10 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JDR) |
Filing 9
It is ORDERED and ADJUDGED that the Petition for Writ of Habeas Corpus (Doc. #1) is DENIED as a second or successive petition, and this case is DISMISSED without prejudice. Petitioner's Application to Proceed In Forma Pauperis (Doc. #5) is DENIED as moot. A certificate of appealability is DENIED in this case. The Clerk of Court shall CLOSE this case and send Petitioner an "Application for Leave to File a Second or Successive Habeas Corpus Petition 28 U.S.C. 2254 by a Prisoner in State Custody." Signed by Judge Carlos E. Mendoza on 12/16/2024. (ALL)
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| Filing 8 Case TRANSFERRED from the Northern District of Florida. Case assigned to District Judge Carlos E. Mendoza and Magistrate Judge Leslie Hoffman Price. New Case Number: 6:24-cv-2236-CEM-LHP. (RPB) |
| Filing 7 Case transferred in from District of Florida Northern; Case Number 3:24-cv-00541. File received electronically |
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Filing 6
REFERRAL AND ORDER re #4 OBJECTION. On consideration, Petitioner's objection to the October 31, 2024 Order entered by Magistrate Judge Zachary C. Bolitho, ECF No. #3, is OVERRULED on finding that no part of the order is "clearly erroneous or contrary to law." Fed. R. Civ. P. 72(a). The Clerk is instructed to transfer the case to the Middle District of Florida and close the file. Signed by JUDGE M CASEY RODGERS on 12/9/2024. (jcw) [Transferred from flnd on 12/9/2024.]
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by LEWIS MARTIN MOTON, JR. (mb) [Transferred from flnd on 12/9/2024.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #5 MOTION for Leave to Proceed in forma pauperis. Referred to ZACHARY C BOLITHO. (mb) [Transferred from flnd on 12/9/2024.] |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #4 OBJECTION. (jcw) [Transferred from flnd on 12/9/2024.] |
| ACTION NO LONGER REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #4 Objection. (jcw) Modified on 11/19/2024 (jcw). [Transferred from flnd on 12/9/2024.] |
| Filing 4 OBJECTION re #3 Order by LEWIS MARTIN MOTON, JR. (Attachments: #1 Exhibits) (jcw)(1 copy received on 11/20/2024.) (jcw). [Transferred from flnd on 12/9/2024.] |
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Filing 3
ORDER. The Clerk of Court must TRANSFER this case to the United States District Court of the Middle District of Florida and close the file in this Court fifteen days from the date of this Order, unless the Clerk receives an objection from the Petitioner prior to the expiration of the fifteen-day deadline. Notify Chambers on 11/15/2024.) Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 10/31/2024. (mb) [Transferred from flnd on 12/9/2024.]
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| Filing 2 Notice to Pro Se Litigant, LEWIS MARTIN MOTON, JR. (mb) [Transferred from flnd on 12/9/2024.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by LEWIS MARTIN MOTON, JR. (Petitioner filed petition on 2241 form) (Received 1 service copy/fee not paid/no IFP Motion received). (mb) [Transferred from flnd on 12/9/2024.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #1 Petition for Writ of Habeas Corpus. (Petitioner filed his state habeas case on a federal habeas case form) (Received 1 service copy/fee not paid/no IFP Motion received). (mb) [Transferred from flnd on 12/9/2024.] |
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| Petitioner: Lewis Martin Moton, Jr | |
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| Respondent: Secretary Department Of Corrections | |
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