PEREZ V SECRETARY DEPARTMENT OF CORRECTIONS
| Julio A. Perez |
| 3:2024cv00178 |
| April 26, 2024 |
| US District Court for the Northern District of Florida |
| MIDORI A LOWRY |
| T KENT WETHERELL |
| 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 April 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 Case transferred in from District of Florida Middle; Case Number 6:23-cv-00466. Original file certified copy of transfer order and docket sheet received. |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MIDORI A LOWRY notified that action is needed Re: #18 Case Transferred In - District Transfer, #1 Petition for Writ of Habeas Corpus. (atm) |
| Filing 17 CASE ELECTRONICALLY TRANSFERRED to the Northern District of Florida. (RPB) [Transferred from Florida Middle on 4/26/2024.] |
Filing 16
ORDER transferring case to the Northern District for further proceedings. The Clerk of Court shall transfer this 28 U.S.C. 2241 action to the United States District Court for the Northern District of Florida, Pensacola Division. Signed by Judge Roy B. Dalton, Jr. on 4/22/2024. (ALL) [Transferred from Florida Middle on 4/26/2024.]
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| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE filed by Secretary, Department of Corrections. (Compton, Robin) [Transferred from Florida Middle on 4/26/2024.] |
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Filing 14
ORDER. Within TWENTY-ONE (21) DAYS from the date of this Order, Petitioner and Respondent shall show cause why the Petition should not be characterized as a 28 U.S.C. 2241 habeas petition and either dismissed for lack of jurisdiction or in the interest of justice transferred to the Pensacola Division of the United States District Court for the Northern District of Florida for further proceedings. Signed by Judge Roy B. Dalton, Jr. on 3/21/2024. (ALL) [Transferred from Florida Middle on 4/26/2024.]
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| Filing 13 Limited REPLY re #11 Response to habeas petition by Julio A. Perez. (Attachments: #1 Exhibit, #2 Mailing Envelope)(KLS) [Transferred from Florida Middle on 4/26/2024.] |
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Filing 12
ORDER re #11 Response to Petition. Petitioner shall have THIRTY (30) DAYS from the date of this Order to file a Reply to the Response if he chooses. Signed by Magistrate Judge Embry J. Kidd on 10/30/2023. (SPM) [Transferred from Florida Middle on 4/26/2024.]
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| Filing 11 RESPONSE/MOTION to Dismiss to #1 Petition for Writ of Habeas Corpus by Secretary, Department of Corrections. (Attachments: #1 Appendix a-kkk)(Compton, Robin) Modified on 10/30/2023 (LD). [Transferred from Florida Middle on 4/26/2024.] |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Secretary, Department of Corrections. Related case(s): Yes (Compton, Robin) [Transferred from Florida Middle on 4/26/2024.] |
| Filing 9 NOTICE of Appearance by Robin A. Compton on behalf of Secretary, Department of Corrections (Compton, Robin) [Transferred from Florida Middle on 4/26/2024.] |
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Filing 8
ORDER. Petitioner in this action seeks to proceed without the payment of filing fees and costs. For reasons set forth below, Petitioner's Motion to Proceed In Forma Pauperis (Doc. 7) is GRANTED. Respondents shall file, within NINETY (90) DAYS from the date of this Order, a response, entitled "Response to Petition," indicating why the relief sought in the Petition should not be granted. Signed by Magistrate Judge Embry J. Kidd on 8/1/2023. (Attachments: #1 Exhibit Petition with service documents)(SPM) [Transferred from Florida Middle on 4/26/2024.]
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| Filing 7 MOTION to Proceed In Forma Pauperis by Julio A. Perez. (Attachments: #1 Mailing Envelope)(ARL) Motions referred to Magistrate Judge Embry J. Kidd. [Transferred from Florida Middle on 4/26/2024.] |
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Filing 6
ORDER granting #5 Motion for Reconsideration / Clarification re #5 MOTION for Reconsideration filed by Julio A. Perez. The Clerk of Court is directed to VACATE the Order of Dismissal and Reopen this case. Petitioner must file an Affidavit of Indigency or other application to proceed in forma pauperis or pay the filing fee within 21 days from the date of this Order. Signed by Judge Roy B. Dalton, Jr. on 6/22/2023. (RPB) [Transferred from Florida Middle on 4/26/2024.]
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| Filing 5 MOTION for Reconsideration by Julio A. Perez. (Attachments: #1 Mailing Envelope)(KNC) Motions referred to Magistrate Judge Embry J. Kidd. [Transferred from Florida Middle on 4/26/2024.] |
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Filing 4
**VACATED PER #6 ORDER** ORDER dismissing case without prejudice. The Court notes, however, that the dismissal without prejudice does not excuse Petitioner from the one-year period of limitation for filing a habeas corpus petition in the federal courts. See 28 U.S.C. 2244(d). The Clerk of the Court is directed to close this case. Signed by Judge Roy B. Dalton, Jr. on 5/17/2023. (ALL) Modified on 6/22/2023 to edit docket text (KNC). [Transferred from Florida Middle on 4/26/2024.]
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Filing 3
ORDER that Petitioner shall file an Affidavit of Indigency or other application to proceed in forma pauperis or pay the full filing fee within TWENTY-ONE (21) DAYS from the date of this Order. The failure to comply will result in the dismissal of this case without further notice. Signed by Magistrate Judge Embry J. Kidd on 4/18/2023. (DS) [Transferred from Florida Middle on 4/26/2024.]
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| Filing 2 NOTICE of a related action per Local Rule 1.07(c) by Julio A. Perez. Related case(s): No (Attachments: #1 Mailing Envelope)(BCB) [Transferred from Florida Middle on 4/26/2024.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Julio A. Perez. No fee/No IFP. (Attachments: #1 Mailing Envelope)(BCB) [Transferred from Florida Middle on 4/26/2024.] |
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