SHORTER v. DOBBS
| CHRISTOPHER SHORTER and CHRISSY SHORTER |
| BRYAN DOBBS |
| 4:2020cv00223 |
| May 5, 2020 |
| U.S. District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| MARK E WALKER |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| ACTION NO LONGER REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: #31 MOTION For Judicial Notice. Referred to MARTIN A FITZPATRICK. (cle) |
| Filing 31 MOTION For Judicial Notice, filed by CHRISTOPHER SHORTER. (cle) |
| ACTION NO LONGER REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: #30 Amended Response to Habeas Petition. (cle) |
| Filing 30 Amended RESPONSE to #1 Petition for Writ of Habeas Corpus and #26 Order Directing Response to 2241 Petition by BRYAN DOBBS. (Attachments: #1 Declaration of Richard Badillo) (ACOSTA, WINIFRED) |
| Filing 29 RESPONSE to #1 Petition for Writ of Habeas Corpus and #26 Order Directing Response to 2241 Petition by BRYAN DOBBS. (ACOSTA, WINIFRED) |
| ACTION NO LONGER REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: #29 Response to Habeas Petition. (cle) |
| Filing 28 Notice to Pro Se. (cle) |
| Filing 27 NOTICE of Appearance by WINIFRED L ACOSTA on behalf of BRYAN DOBBS (ACOSTA, WINIFRED) |
Filing 26
ORDER DIRECTING RESPONSE TO 2241 PETITION - re: #1 Petition for Writ of Habeas Corpus. The Clerk shall forward a copy of the 2241 petition (ECF No. #1 ) and this order to Respondent and the United States Attorney for this District, who shall file an answer or other pleading on or before 6/15 /2020. Petitioner may file a reply, if desired, no later than 7/15/2020. Signed by CHIEF JUDGE MARK E WALKER on 5/18/2020. (cle) *** The Petition and this Order sent to USA and Respondent. ***
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| Filing 25 Case transferred in from District of Florida Southern; Case Number 1:19-cv-20094. Original file certified copy of transfer order and docket sheet received. |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: #1 Petition for Writ of Habeas Corpus. (cle) |
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Filing 24
ORDER TRANFERRING CASE TO THE NORTHERN DISTRICT OF FLORIDA. Closing Case. Signed by Judge Cecilia M. Altonaga on 4/30/2020. See attached document for full details. (drz) [Transferred from Florida Southern on 5/5/2020.]
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Filing 23
ORDER re #22 USCA Mandate. ( Responses/Objections to transfer to USDC of Northern District of Florida due by 4/28/2020) Signed by Judge Cecilia M. Altonaga on 4/17/2020. See attached document for full details. (lk) [Transferred from Florida Southern on 5/5/2020.]
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| Filing 22 MANDATE of USCA, VACATED AND REMANDED. In sum, we vacate the dismissal of Shorters 2241 petition as moot and we remand for further proceedings consistent with this opinion (see order for details) as to #13 Notice of Appeal, filed by Christopher Shorter, Date Issued: 4/13/20 ; USCA Case Number: 19-10790-HH (hh) [Transferred from Florida Southern on 5/5/2020.] |
| Filing 21 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #13 Notice of Appeal, Appeal No. 19-10790-HH. The entire record on appeal is available electronically. (apz) [Transferred from Florida Southern on 5/5/2020.] |
| Filing 20 Appeal Reinstated USCA Case Number: 19-10790-HH for #13 Notice of Appeal, filed by Christopher Shorter. (apz) [Transferred from Florida Southern on 5/5/2020.] |
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Filing 19
ORDER of DISMISSAL from USCA (APPEAL REINSTATED ON 8/14/2019 PER DE #20 USCA ORDER) for want of prosecution because the appellant Christopher Shorter failed to file an appendix within the time fixed by the rules re #13 Notice of Appeal, filed by Christopher Shorter. USCA #19-10790-HH. (apz) Modified text on 8/14/2019 (apz). [Transferred from Florida Southern on 5/5/2020.]
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| Filing 18 FIRST Clerk's Notice of Undeliverable Mail re 11 Order Withdrawing Reference/Case No Longer Referred. US Mail returned for: Christopher Shorter. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. Released On: 02/14/2019 (pgz) [Transferred from Florida Southern on 5/5/2020.] |
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Filing 17
ORDER denying without prejudice #15 Motion for Leave to Appeal in forma pauperis. Signed by Judge Cecilia M. Altonaga on 3/12/2019. See attached document for full details. (wc) [Transferred from Florida Southern on 5/5/2020.]
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| Filing 16 TRANSCRIPT INFORMATION FORM by Christopher Shorter re #13 Notice of Appeal. No Transcript Requested. (apz) [Transferred from Florida Southern on 5/5/2020.] |
| Filing 15 MOTION for Leave to Appeal in forma pauperis by Christopher Shorter. (apz) [Transferred from Florida Southern on 5/5/2020.] |
| Filing 14 Acknowledgment of Receipt of NOA from USCA re #13 Notice of Appeal, filed by Christopher Shorter. Date received by USCA: 3/1/2019. USCA Case Number: 19-10790-H. (apz) [Transferred from Florida Southern on 5/5/2020.] |
| Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #13 Notice of Appeal, Notice has been electronically mailed. (apz) [Transferred from Florida Southern on 5/5/2020.] |
| Filing 13 Notice of Appeal as to #10 Order Dismissing Case, by Christopher Shorter. FILING FEE: (NOT PAID). Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (apz) [Transferred from Florida Southern on 5/5/2020.] |
| Filing 12 NOTICE of Change of Address by Christopher Shorter. (apz) [Transferred from Florida Southern on 5/5/2020.] |
| Filing 11 PAPERLESS Case No Longer Referred to Magistrate Judge Lisette M. Reid/Case Closed by the District Judge. Signed by Magistrate Judge Lisette M. Reid on 2/19/2019. (br) [Transferred from Florida Southern on 5/5/2020.] |
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Filing 10
ORDER DISMISSING CASE and Closing Case. Motions terminated: #3 MOTION for Hearing re #1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Christopher Shorter, #5 REPORT AND RECOMMENDATIONS on 28 USC 2241 case re #1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Christopher Shorter Recommending the Petition should be DISMISSED WITHOUT PREJUDICE. Any pending motions, if any, are DENIED AS. Signed by Judge Cecilia M. Altonaga on 2/15/2019. See attached document for full details. (ps1) [Transferred from Florida Southern on 5/5/2020.]
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| Filing 9 NOTICE by Christopher Shorter re #8 Objections to Report and Recommendations (Docket Sheet Mailed) (Attachments: #1 DUPLICATE OBJECTION TO REPORT AND RECOMMENDATION) (drz) [Transferred from Florida Southern on 5/5/2020.] |
| Filing 8 OBJECTIONS to #5 Report and Recommendations on Emergency Petition by Christopher Shorter. (drz) [Transferred from Florida Southern on 5/5/2020.] |
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Filing 7
ORDER denying #6 Motion to Stay. Signed by Judge Cecilia M. Altonaga on 1/25/2019. See attached document for full details. (ps1) [Transferred from Florida Southern on 5/5/2020.]
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| Filing 6 MOTION to Stay by Bryan Dobbs. Attorney Anthony Erickson-Pogorzelski added to party Bryan Dobbs(pty:dft). Responses due by 2/8/2019 (Attachments: #1 Text of Proposed Order)(Erickson-Pogorzelski, Anthony) [Transferred from Florida Southern on 5/5/2020.] |
| Filing 5 REPORT AND RECOMMENDATIONS on 28 USC 2241 case re #1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Christopher Shorter; Recommending the Petition should be DISMISSED WITHOUT PREJUDICE. Any pending motions, if any, are DENIED AS MOOT. In addition, Certificate of Appealability need not issue. See, e.g., Sawyer v. Holder, 326 F. 3d 1363, 1364 n.3 (11th Cir. 2003) (showing a petition relying upon 2241 may proceed without COA being granted). Finally, it is recommended that this case be CLOSED. Objections to R&R due by 2/8/2019. Signed by Magistrate Judge Lisette M. Reid on 1/25/2019. See attached document for full details. (fbn) [Transferred from Florida Southern on 5/5/2020.] |
| Filing 4 Clerks Notice of Receipt of Filing Fee received on 1/11/2019 in the amount of $ 5.00, receipt number FLS100179367. (vt) [Transferred from Florida Southern on 5/5/2020.] |
| Filing 3 EMERGENCY MOTION to Expedite Hearing re #1 Application/Petition (Complaint) for Writ of Habeas Corpus by Christopher Shorter. (ail) [Transferred from Florida Southern on 5/5/2020.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga and Magistrate Judge Lisette Marie Reid. Pursuant to Administrative Order 2019-2, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (ail) [Transferred from Florida Southern on 5/5/2020.] |
| Filing 1 EMERGENCY PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 Receipt#: NOT PAID/DUE., filed by Christopher Shorter.(ail) [Transferred from Florida Southern on 5/5/2020.] |
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