ELLARD v. SECRETARY DEPARTMENT OF CORRECTIONS
| JAMES ELLARD |
| RICKY D DIXON |
| 3:2025cv00761 |
| June 5, 2025 |
| U.S. District Court for the Northern District of Florida |
| ZACHARY C BOLITHO |
| MARK E WALKER |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on October 16, 2025. A more recent docket listing may be available from PACER.
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| Filing 18 CLERK'S JUDGMENT pursuant to #17 ORDER ACCEPTING AND ADOPTING #16 REPORT AND RECOMMENDATION. (baf) |
Filing 17
ORDER ACCEPTING AND ADOPTING #16 REPORT AND RECOMMENDATION - The Clerk shall enter judgment stating, "The 28 U.S.C. 2254 amended petition, ECF No. #9 , is DISMISSED for lack of jurisdiction because it is a second or successive petition that was filed without the Eleventh Circuit's permission." The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 10/16/2025. (baf)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #16 REPORT AND RECOMMENDATION (No objections or responses). (mb) |
| Filing 16 REPORT AND RECOMMENDATION - The 28 U.S.C. 2254 amended petition (Doc. #9 ) be DISMISSED for lack of jurisdiction because it is a second or successive petition that was filed without the Eleventh Circuit's permission. The Clerk of Court be directed to enter judgment accordingly and close this case. R&R flag set. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 9/11/2025. Internal deadline for referral to district judge if objections are not filed earlier: 10/9/2025. (mb) |
| Filing 15 RESPONSE TO #14 ORDER TO SHOW CAUSE (titled, "Motion to Show Cause"), by JAMES ELLARD. (mb) |
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Filing 14
ORDER TO SHOW CAUSE re granting #7 Motion for Leave to Proceed in forma pauperis. ; granting #10 Motion for Leave to Proceed in forma pauperis. Within thirty days from the date of this order, Petitioner must show cause why this case should not be dismissed for lack of jurisdiction. ( Response due by 9/18/2025.) Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 8/19/2025. (jcw)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #13 Response to Order to Show Cause. (jcw) |
| Filing 13 RESPONSE titled "MOTION TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED" by JAMES ELLARD. (jcw) |
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Filing 12
ORDER TO SHOW CAUSE - Within fourteen days of the date of this order, Petitioner must show cause, if any, why this case should not be dismissed for failure to comply with an order of the Court. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 8/1/2025. Show Cause Response due by 8/15/2025. (mb)
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| Filing 11 DOCKET ANNOTATION BY COURT: Re #9 Amended Petition for Writ of Habeas Corpus filed by JAMES ELLARD (Received 1 service copy). (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #9 Amended Petition for Writ of Habeas Corpus. (Received 1 service copy). (mb) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis by JAMES ELLARD. (mb) |
| Filing 9 AMENDED PETITION for Writ of Habeas Corpus, filed by JAMES ELLARD. (No service copies). (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #10 MOTION for Leave to Proceed in forma pauperis, #9 Amended Petition for Writ of Habeas Corpus. (No service copies). Referred to ZACHARY C BOLITHO. (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #8 Order to Show Cause (Responses not filed). (mb) |
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Filing 8
ORDER TO SHOW CAUSE - Within fourteen days of the date of this order, Petitioner must show cause, if any, why this case should not be dismissed for failure to comply with an order of the Court. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 7/8/2025. Show Cause Response due by 7/22/2025. (mb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #6 Order. (Amended Petition not filed). (mb) |
| MOTIONS REFERRED to Magistrate Judge re #7 Motion for Leave to Proceed in forma pauperis. Referred to ZACHARY C BOLITHO. (mb) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by JAMES ELLARD. (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #7 MOTION for Leave to Proceed in forma pauperis. (mb) |
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Filing 6
ORDER. The Clerk of Court is directed to modify the docket to reflect that Ricky D. Dixon is the sole Respondent in this case. The Clerk also must send Petitioner a petition form for use in 2254 cases, a motion to proceed in forma pauperis, and a prisoner consent form and financial certificate approved for use in this Court. Within twenty-one days of the date of this order, Petitioner must file an amended petition on the Court-approved form. Also within that time, Petitioner must: a. submit payment in the amount of $5.00; OR b. file a complete application for leave to proceed in forma pauperis. (Amended PETITION due by 6/30/2025; Motion to Proceed in Forma Pauperis or $5.00 Filing Fee due by 6/30/2025.) (Both forms mailed w/ORDER). Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 6/9/2025. (mb)
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| Filing 5 Notice to Pro Se Litigant, JAMES ELLARD. (mb) |
| Filing 4 Case electronically transferred in from District of Florida Middle; Case Number 3:25-cv-00590. Original file with documents numbered #1 - #3. Modified on 6/5/2025 (mb). |
| 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. (1 service copy received. No IFP/fee not paid). (mb) |
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Filing 3
ORDER transferring the case to the Northern District of Florida for all further proceedings. The Clerk shall immediately forward the file to that District and close this case. Signed by Judge Wendy W. Berger on 6/3/2025. (CKS) [Transferred from Florida Middle on 6/5/2025.]
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Filing 2
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective April 1, 2024, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 5/30/2025. (CKS) [Transferred from Florida Middle on 6/5/2025.]
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| Filing 1 PETITION for Writ of Habeas Corpus - State filed by James Ellard. (Attachments: #1 Table of Contents, #2 Exhibits A - M, #3 Mailing Envelope) (1 service copy received. No IFP) (BD) [Transferred from Florida Middle on 6/5/2025.] |
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| Petitioner: JAMES ELLARD | |
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| Respondent: RICKY D DIXON | |
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