ARCE v. STATE OF FLORIDA et al
| ARMANDO ARCE |
| STATE OF FLORIDA, OKALOOSA COUNTY'S JUDICIAL CORRECTION SERVICES LLC and ANGELA GILBERT |
| 3:2026cv00472 |
| January 23, 2026 |
| U.S. District Court for the Northern District of Florida |
| HOPE T CANNON |
| 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 July 13, 2026. A more recent docket listing may be available from PACER.
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| Filing 43 **SUPPLEMENT PREPARED IN ERROR** Supplemental Record on Appeal transmitted to US Court of Appeals RE: #24 Notice of Interlocutory Appeal RE: #42 (rcb) Modified on 7/14/2026 (rcb). |
| Filing 42 MOTION to Dismiss without prejudice by ANGELA GILBERT. (Internal deadline for referral to judge if response not filed earlier: 7/24/2026). (Attachments: #1 Appendix Exhibits 1-15) (HARRIS, VIRGINIA) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #42 MOTION TO DISMISS WRIT OF HABEAS CORPUS. Referred to HOPE T CANNON. (rcb) |
| Filing 40 Mail Returned as Undeliverable. Mail sent to Angela Gilbert at 1455 S Ferdon Blvd, Crestview, Florida 32536 Re: #35 Order. (jfj) |
| Filing 41 MANDATE of USCA #26-11446 as to #24 Notice of Interlocutory Appeal filed by ARMANDO ARCE. Motion to voluntarily dismiss appeal filed by Appellant Armando Arce, Sr. is GRANTED by clerk [10768406-2]. Pursuant to FRAP 42 and 11th Cir. R. 42-1(a), the above referenced appeal was duly entered dismissed on this date. 30 Day Exhibit Return Deadline After Appeal Mandate set for 7/27/2026. (rcb) |
Filing 39
ORDER of USCA #26-11446 as to #24 Notice of Interlocutory Appeal filed by ARMANDO ARCE.The motion to reinstate filed by the Appellant is hereby GRANTED. The parties have 14 days after the date of this order to file a notice with the Clerk specifying which motions mooted by the dismissal of this appeal, if any, are to be renewed. The time for filing a response to any renewed motion runs from the date the opposing partys notice is docketed. Parties seeking to renew a motion after the 14-day renewal period expires will be required to refile the motion. (rcb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #38 Notice of Appearance. (jfj) |
| Filing 38 NOTICE of Appearance by VIRGINIA CHESTER HARRIS on behalf of ANGELA GILBERT (HARRIS, VIRGINIA) |
| Set Deadline re #35 ORDER - Reply due by 7/27/2026. (jfj) |
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Filing 35
Order. The clerk shall furnish a copy of the amended petition (Doc. #5 ) and this Order to Respondent and to the Attorney General of the State of Florida. The copy of the amended petition and this Order shall be sent to Respondent Angela Gilbert at (1) 10 Industrial Street NW, Fort Walton Beach, Florida 32548; and (2) 1455 S Ferdon Blvd, Crestview, Florida 32536. Within thirty (30) days from the date this Order, Respondent shall file a response as directed by this Order. Petitioner shall file a reply within fourteen (14) days of service of the Respondents response. Signed by MAGISTRATE JUDGE HOPE T CANNON on 06/12/26. (Response due by 7/13/2026.) (Copies mailed as directed. FL AG notified via CM-ECF) (jfj)
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| Filing 37 NOTICE of USCA Mandate re: Petition for Writ of Mandamus. ORDER: Pursuant to the 11th Cir. R. 42-1(b), this appeal is DISMISSED for want of prosecution because the appellant Armando Arce, Sr. failed to pay the filing and docketing fees to the district court, or alternatively, file a motion to proceed in forma pauperis in this court and failed to comply with the rules on Certificates of Interested Persons and Corporate Disclosure Statements within the time fixed by the rules. USCA No. 26-11794-A. (jfj) |
| Filing 36 NOTICE of USCA mandate re: Petition for Writ of Prohibition. ORDER: Pursuant to the 11th Cir. R. 42-1(b), this appeal is DISMISSED for want of prosecution because the appellant Armando Arce, Sr. failed to pay the filing and docketing fees to the district court, or alternatively, file a motion to proceed in forma pauperis in this court and failed to comply with the rules on Certificates of Interested Persons and Corporate Disclosure Statements within the time fixed by the rules. USCA No. 26-11792-A. (jfj) |
| Filing 34 NOTICE of Compliance with the Court's May 22, 2026 Order (Doc. #30 ) by ARMANDO ARCE. (2 service copies of the #5 Amended Petition received.) (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #34 NOTICE of Compliance (2 service copies of the #5 Amended Petition received.) (jfj) |
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Filing 33
ORDER DENYING #32 LEAVE TO APPEAL IN FORMA PAUPERIS. Plaintiff's motion for leave to proceed in forma pauperis on appeal, ECF No. #32 , is DENIED. Signed by JUDGE MARK E WALKER on 6/1/2026. (rcb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed Re: #32 MOTION for Leave to Proceed in forma pauperis on Appeal. (jfj) |
| Motion No Longer Referred to Magistrate Judge Hope T Cannon: #32 MOTION for Leave to Proceed in forma pauperis. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #32 MOTION for Leave to Proceed in forma pauperis on Appeal. Referred to HOPE T CANNON. (jfj) |
| Filing 32 MOTION for Leave to Proceed in forma pauperis on Appeal by ARMANDO ARCE. (jfj) |
| Filing 31 USCA NO ACTION/DEFICIENCY NOTICE #26-11794 re: #24 NOTICE OF INTERLOCUTORY APPEAL as to #22 . (rcb) |
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Filing 30
ORDER. Within fourteen (14) days from the date of this Order, Arce shall provide to the Court two (2) identical service copies of his amended petition, or payment in the amount of $.50 per page ($6.00 total) to the clerk for the cost of two copies. Arce shall update his address with the Court upon any changes within seven (7) days of the change by filing a notice of change of address. Arce's failure to timely comply with any part of this order may result in a recommendation that this case be dismissed for failure to prosecute and comply with an order of the Court. Signed by MAGISTRATE JUDGE HOPE T CANNON on 05/22/26. (Two Service Copies due by 6/5/2026.) (jfj).
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| Filing 29 MANDATE of USCA #26-11446-A as to #24 Notice of Interlocutory Appeal filed by ARMANDO ARCE.Pursuant to the 11th Cir. R. 42-1(b), this appeal is DISMISSED for want of prosecution because the appellant Armando Arce, Sr. failed to pay the filing and docketing fees to the district court, or alternatively, file a motion to proceed in forma pauperis in district court within the time fixed by the rules. 30 Day Exhibit Return Deadline After Appeal Mandate set for 6/22/2026. (rcb) |
| Filing 28 Pursuant to F.R.A.P. 11(c), #26-11446 the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal RE: #24 Notice of Interlocutory Appeal. The entire record on appeal is available electronically. (rcb) |
| Filing 27 USCA PROCEDURAL LETTER re: #24 NOTICE OF INTERLOCUTORY APPEAL by ARMANDO ARCE. HABEAS APPEAL DOCKETED. Fee Status: Fee Not Paid. USCA Appeal # 26-11446-A. (jfj) |
| Set Deadlines re #24 Notice of Interlocutory Appeal. Clerk to check status of Appeal on 6/27/2026. Certificate of Readiness (FRAP 11) due by 5/12/2026. (rcb) |
| Filing 26 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #24 Notice of Interlocutory Appeal. (djb) |
| Filing 25 Appeal Instructions re: #24 Notice of Interlocutory Appeal : The Transcript Request Form is available on the Internet at https://www.flnd.uscourts.gov/form/eleventh-circuit-transcript-information-form **PLEASE NOTE** Separate forms must be filed for each court reporter in both the district court and the appeals court. Transcript Order Form due by 5/12/2026. (djb) |
| Filing 24 NOTICE OF INTERLOCUTORY APPEAL as to #22 Order on Motion for Reconsideration, #23 Order, #20 Order, by ARMANDO ARCE. (djb) |
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Filing 23
ORDER. Within thirty (30) days from the date of this order, Arce shall provide to the Court two (2) identical service copies of his amended petition (Doc. #5 ), or payment in the amount of $.50 per page ($6.00) to the clerk for the cost of two copies. Arce shall update his address with the Court upon any changes within seven (7) days of the change by filing a notice of change of address. Arce's failure to timely comply with any part of this order may result in a recommendation that this case be dismissed for failure to prosecute and comply with an order of the Court. Signed by MAGISTRATE JUDGE HOPE T CANNON on 04/20/26. (Deadline to submit service copies/payment for copies- by 5/20/2026.) (jfj)
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Filing 22
ORDER DENYING #21 MOTION FOR RECONSIDERATION. Petitioner should file an amended request based on any change in circumstances with the Magistrate Judge in the first instance. Accordingly, the motion for reconsideration, ECF No. #21 , is DENIED. Signed by JUDGE MARK E WALKER on 4/15/2026. (rcb)
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| Filing 21 MOTION for Reconsideration of #20 Order Rejecting Appeal of Non-Final Order by ARMANDO ARCE. (Attachments: #1 Attachments) (jfj) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed Re: #21 MOTION for Reconsideration of #20 Order Rejecting Appeal of Non-Final Order. (jfj) |
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Filing 20
ORDER REJECTING APPEAL OF NON-FINAL ORDER RE: #16 . After considering Petitioner's objections, this Court concludes that the Magistrate Judge's order is not clearly erroneous or contrary to law, therefore Petitioners appeal of the non-final order, ECF No. #16 , is REJECTED. This case is referred back to the Magistrate Judge for further proceedings. Signed by JUDGE MARK E WALKER on 4/9/2026. (rcb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #20 ORDER REJECTING APPEAL OF NON-FINAL ORDER. (rcb) |
| Filing 19 Objections to #16 Magistrate Judge's Order Denying Amended Motion to Proceed in Forma Pauperis by ARMANDO ARCE. (jfj) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed Re: #19 Objections to #16 Magistrate Judge's Order Denying Amended Motion to Proceed in Forma Pauperis. (jfj) |
| Filing 18 Petitioner's Notice of Compliance Under Protest with Preservation of Objection for Appellate Review, by ARMANDO ARCE re #16 Order. (alb) |
| Filing 17 Filing fee: $ 5.00, receipt number 3000023333. Fee status updated to paid. (alb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #18 Petitioner's Notice of Compliance Under Protest with Preservation of Objection for Appellate Review, by ARMANDO ARCE. (alb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: 17 Filing Fee Received. (alb) |
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Filing 16
ORDER. The Amended Motion to Proceed In Forma Pauperis (Doc. #15 ) is DENIED. Arce shall have seven (7) days from the date of this order to pay the filing fee. Arce's failure to comply with this order shall result in a recommendation of dismissal without further notice. Signed by MAGISTRATE JUDGE HOPE T CANNON on 03/30/26. (Filing Fee due by 4/6/2026.) (jfj)
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| Filing 15 Amended MOTION for Leave to Proceed in forma pauperis by ARMANDO ARCE. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #15 Amended MOTION for Leave to Proceed in forma pauperis. Referred to HOPE T CANNON. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #8 , #12 Order. Filing Fee due by 3/18/2026. (Fee not received.) (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #14 ORDER DENYING #13 MOTION FOR RECONSIDERATION. (rcb) |
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Filing 14
ORDER DENYING #13 MOTION FOR RECONSIDERATION. Accordingly, Petitioner's motion for reconsideration, ECF No. #13 , is DENIED. Signed by JUDGE MARK E WALKER on 3/11/2026. (rcb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed Re: #13 MOTION for Reconsideration of #11 Order Denying Appeal of Magistrate Judge's Non-Final Order and Objection to Improper Referral of Disqualification Motion. (jfj) |
| Filing 13 MOTION for Reconsideration of #11 Order Denying Appeal of Magistrate Judge's Non-Final Order and Objection to Improper Referral of Disqualification Motion by ARMANDO ARCE. (jfj) |
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Filing 12
ORDER. The Motion to Disqualify Magistrate Judge Hope Thai Cannon Pursuant to 28 U.S.C. 455(a) and 455(b)(1) (Doc. #10 ) is DENIED. Arce's payment of the $5 filing fee remains due by March 18, 2026, as directed by the Court's February 25, 2026, Order (Doc. #8 ). Arce shall update his address with the Court upon any changes within seven (7) days of the change by filing a notice of change of address. Arce's failure to timely comply with this order may result in a recommendation that this case be dismissed for failure to prosecute and comply with an order of the Court. Signed by MAGISTRATE JUDGE HOPE T CANNON on 03/02/26. (jfj)
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Filing 11
ORDER REJECTING APPEAL OF NON-FINAL ORDER RE: #9 . After considering Petitioners objections, this Court concludes that the Magistrate Judge's order is not clearly erroneous or contrary to law, therefore Petitioner's appeal of the non-final order, ECF No. #9 , is DENIED. This case, and the pending motion to disqualify Magistrate Judge Cannon, ECF No. #10 , is referred back to the Magistrate Judge for further proceedings. Signed by JUDGE MARK E WALKER on 2/27/2026. (rcb)
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| Filing 10 Petitioner's Motion to Disqualify Magistrate Judge Hope Thai Cannon Pursuant to 28 U.S.C. 455(a) and 455(b)(1), by ARMANDO ARCE. (alb) |
| Filing 9 Petitioner's Objections to Magistrate Judge's Order Pursuant to 28 U.S.C. 636(b)(1) and Fed.R.Civ.P.72, by ARMANDO ARCE re #8 Order. (alb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #10 Petitioner's Motion to Disqualify Magistrate Judge Hope Thai Cannon Pursuant to 28 U.S.C. 455(a) and 455(b)(1), #11 ORDER REJECTING APPEAL OF NON-FINAL ORDER. Referred to HOPE T CANNON. (rcb) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed Re: #10 MOTION to Disqualify Judge, #9 Petitioner's Objections to Magistrate Judge's Order Pursuant to 28 U.S.C. 636(b)(1) and Fed.R.Civ.P.72, by ARMANDO ARCE. (alb) |
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Filing 8
ORDER. The Motion for Accommodation and Notice of Constitutional Concerns Regarding Access to Courts for Pro Se Litigants (Doc. #7 ) is GRANTED only to the extent that the Court will accept and consider the Amended Petition (Doc. #5 ) and the Complete Application to Proceed in Forma Pauperis (Doc. #6 ) but DENIED in all other respects. The Application to Proceed in forma pauperis and motion for ancillary relief (Doc. #6 ) are DENIED. Arce must pay the $5 filing fee within twenty-one (21) days of the date of this Order. Arce shall update his address with the Court upon any changes within seven (7) days of the change by filing a notice of change of address. Arce's failure to timely comply with this order may result in a recommendation that this case be dismissed for failure to prosecute and comply with an order of the Court. Signed by MAGISTRATE JUDGE HOPE T CANNON on 02/25/26. (Filing Fee due by 3/18/2026.) (jfj)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #5 Amended Petition for Writ of Habeas Corpus, #6 Complete Application to Proceed in Forma Pauperis Pursuant to 28 USC 1915(a) with Supporting Affidavit of Financial Status and Motion for Ancillary Relief MOTION for Leave to Proceed in forma pauperis, #7 MOTION for Accommodation and Notice of Constitutional Concerns Regarding Access to Courts for Pro Se Litigants. Referred to HOPE T CANNON. (jfj) |
| Filing 7 MOTION for Accommodation and Notice of Constitutional Concerns Regarding Access to Courts for Pro Se Litigants by ARMANDO ARCE. (jfj) |
| Filing 6 Complete Application to Proceed in Forma Pauperis Pursuant to 28 USC 1915(a) with Supporting Affidavit of Financial Status and Motion for Ancillary Relief by ARMANDO ARCE. (jfj) |
| Filing 5 AMENDED PETITION for Writ of Habeas Corpus, filed by ARMANDO ARCE. (against Respondent Angela Gilbert) (jfj) |
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Filing 4
ORDER denying #2 Motion for Leave to Proceed in forma pauperis. The clerk shall forward to Arce a form for filing an amended 2254 petition and a form application to proceed in forma pauperis for a non-prisoner. This case number shall be written on the forms. Within fourteen (14) days from the date of this order, Arce shall submit payment in the amount of $5.00 or file a complete application to proceed in forma pauperis. (IFP/Fee due by 2/13/2026., Amended petition due by 2/13/2026.) Signed by MAGISTRATE JUDGE HOPE T CANNON on 1/30/2026. (jcw)(Forms sent as ordered.)
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| Filing 3 Notice to Pro Se Litigant. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #1 Petition for Writ of Habeas Corpus, #2 MOTION for Leave to Proceed in forma pauperis. Referred to HOPE T CANNON. (jfj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by ARMANDO ARCE. (jfj) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by ARMANDO ARCE. (Attachments: #1 attachments) (No service copies received. IFP motion received.) (jfj) |
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