BARWICK v. DESANTIS et al
| DARRYL BRYAN BARWICK |
| RON DESANTIS, ASHLEY MOODY, JIMMY PATRONIS, WILTON SIMPSON, MELINDA COONROD, MICHELLE WHITWORTH and STEPHEN HEBERT |
| 4:2023cv00146 |
| April 13, 2023 |
| US District Court for the Northern District of Florida |
| ROBERT L HINKLE |
| MARK E WALKER |
| Death Penalty - Habeas Corpus |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 31 CLERKS JUDGMENT re #30 ORDER DISMISSING THE ACTION AS MOOT. 90 Day Exhibit Return Deadline set for 9/7/2023. (rcb) |
Filing 30
ORDER DISMISSING THE ACTION AS MOOT. This action is dismissed as moot. The clerk must enter judgment and close the file. Signed by JUDGE ROBERT L HINKLE on 06/09/2023. (rcb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: #29 Order to Show Cause, (rcb)**Show Cause Response not filed by 6/6/2023** |
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Filing 29
ORDER TO SHOW CAUSE WHY THE CASE SHOULD NOT BE DISMISSED AS MOOT. Any party who opposes dismissal of this action as moot must show cause by 6/6/2023 why the action is not moot. Signed by JUDGE ROBERT L HINKLE on 05/20/2023. (rcb)
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| Filing 28 MANDATE of USCA #23-11277-P as to #22 Notice of Appeal filed by DARRYL BRYAN BARWICK. Appellant Barwick's death has mooted this appeal. Therefore the Clerk is directed to close this case. 30 Day Exhibit Return Deadline After Appeal Mandate set for 6/16/2023. (rcb) |
| Filing 27 Pursuant to F.R.A.P. 11(c), # 23-11277 the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: #22 Notice of Appeal, Appeal No. 23-11277. The entire record on appeal is available electronically. (rcb) |
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Filing 26
ORDER of USCA #23-11277 as to #22 Notice of Appeal filed by DARRYL BRYAN BARWICK. Barwick's due-process claim does not have a substantial likelihood of success on the merits. We must therefore deny his motion for a stay of execution pending appeal. (rcb)
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Filing 25
ORDER of USCA-23-11277-P as to #22 Notice of Appeal filed by DARRYL BRYAN BARWICK. Appellees' motion for leave to accept response of excess words, to motion for stay ofexecution, is GRANTED. (rcb)
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Filing 24
ORDER of USCA #23-11277-P as to #22 Notice of Appeal filed by DARRYL BRYAN BARWICK. At the Court's direction, Appellees' Response to the Amended Emergency Motion for Stay of Execution Pending Appeal shall be filed and served by 5:00 p.m. ET on April 24, 2023. Appellant's Reply shall be filed and served by 5:00 p.m. ET on April 25, 2023. (rcb)
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| Filing 23 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #22 Notice of Appeal. (rcb) |
| Set Deadlines re #22 Notice of Appeal. Clerk to check status of Appeal on 7/19/2023. Certificate of Readiness (FRAP 11) due by 5/4/2023. (rcb) |
| Filing 22 NOTICE OF APPEAL as to #21 Order on Motion to Stay by DARRYL BRYAN BARWICK. ( (MCDERMOTT, LINDA) |
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Filing 21
ORDER DENYING #5 THE MOTION FOR A STAY OF EXECUTION. The motion to stay execution, ECF No. #5 , is denied. Signed by JUDGE ROBERT L HINKLE on 04/18/2023. (rcb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: #7 Notice of Appearance (rcb)**An ISO is needed** |
| Set Deadline- Attorney Admissions for Katherine Blair due by 5/2/2023. (rcb) |
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Filing 20
ORDER GRANTING #4 LEAVE TO PROCEED IN FORMA PAUPERIS.The motion for leave to proceed in forma pauperis, ECF No. #4 , is granted. Signed by JUDGE ROBERT L HINKLE on 04/17/2023. (rcb)
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| Filing 19 PLAINTIFF'S REPLY TO RESPONSE TO MOTION TO STAY. (MCDERMOTT, LINDA) Modified to edit title on 4/18/2023 (rcb). |
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Filing 18
ORDER GRANTING LEAVE TO FILE A REPLY MEMORANDUM IN SUPPORT OF THE MOTION TO STAY - The plaintiff's motion, ECF No. #17 , for leave to file a reply memorandum in support of its motion for a stay of execution is granted. The plaintiff may file a reply memorandum today. Signed by JUDGE ROBERT L HINKLE on 4/17/2023. (ckm)
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| Filing 17 MOTION for Leave to File re #13 Memorandum in Opposition to Motion, Response in Opposition to Motion by DARRYL BRYAN BARWICK. (MCDERMOTT, LINDA) |
| Filing 16 AFFIDAVIT of Service for Summons served on Wilton Simpson (through Jared Gardner); Melinda Coonrod (through Rana Wallace); Stephen Herbert (through Rana Wallace); Ron DeSantis (through Nick Meros); Susan Michelle Whitworth (through Rana Wallace); Jimmy Patronis (through Brianna Larry); Ashley Moody (through Paula Trigg) on April 14, 2023, filed by DARRYL BRYAN BARWICK. (MCDERMOTT, LINDA) |
| Filing 15 PLAINTIFF'S RESPONSE TO MOTION TO DISMISS. (MCDERMOTT, LINDA) Modified to edit title on 4/17/2023 (rcb). |
| Set Deadline- Answer for Jimmy Patronis, Attorney General Ashley Moody, Susan Michelle Whitworth, Stephen Herbert, Melinda Coonrod & Wilton Simpson due by 5/5/2023. (rcb) |
| Filing 14 AFFIDAVIT of Service for Affidavit of Service of Summons served on Governor Ron DeSantis (through Nick Meros); Attorney General Ashley Moody (through Paula Trigg); Jimmy Patronis (through Brianna Larry); Susan Michelle Whitworth (through Rana Wallace); Stephen Herbert (through Rana Wallace); Melinda Coonrod (through Rana Wallace); Wilton Simpson (through Jared Gardner) on 04/14/2023, filed by DARRYL BRYAN BARWICK. (MCDERMOTT, LINDA) |
| Filing 13 RESPONSE TO EMERGENCY MOTION FOR STAY OF EXECUTION. (MILLSAPS, CHARMAINE) Modified to edit title on 4/17/2023 (rcb). |
| Filing 12 AMENDED MOTION TO DISMISS (Internal deadline for referral to judge if response not filed earlier: 4/28/2023). (RODRIGUEZ, JASON) Modified to edit title on 4/17/2023 (rcb). |
| Filing 11 Summons Issued as to RON DESANTIS, GOVERNOR EXECUTIVE OFFICE OF GOVERNOR RON DESANTIS (rcb) |
| Filing 10 Summons Issued as to MELINDA COONROD, STEPHEN HERBERT, ATTORNEY GENERAL ASHLEY MOODY, CHIEF FINANCIAL OFFICER JIMMY PATRONIS, CHIEF FINANCIAL OFFICER-OFFICE OF THE CHIEF FINANCIAL OFFICER, WILTON SIMPSON, COMMISSIONER OF AGRICULTURE AND SUSAN MICHELLE WHITWORTH.**** #1 Stephen Herbert, Director, #2 Ashley Moody, Attorney General, #3 Jimmy Patronis, Chief Financial Officer, #4 Jimmy Patronis, Chief Financial Officer Office of the Chief Financial Officer-Jimmy Patronis, Chief Financial Officer, #5 Wilton Simpson, Commissioner of Agriculture, #6 Susan Michelle Whitworth, Coordinator*** (rcb) |
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Filing 9
ORDER REASSIGNING CASE. Accordingly, the Clerk shall TRANSFER this case to Judge Hinkle. Case reassigned to JUDGE ROBERT L HINKLE for all further proceedings. CHIEF JUDGE MARK E WALKER no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 04/14/2023. (rcb)***PLEASE USE NEW JUDGE'S INITIALS IN 4:23cv146-RH**
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| Filing 8 MOTION to Dismiss by MELINDA COONROD, RON DESANTIS, STEPHEN HEBERT, ASHLEY MOODY, JIMMY PATRONIS, WILTON SIMPSON, MICHELLE WHITWORTH. (Internal deadline for referral to judge if response not filed earlier: 4/28/2023). (RODRIGUEZ, JASON) |
| Filing 7 NOTICE of Appearance by JASON WILLIAM RODRIGUEZ on behalf of MELINDA COONROD, RON DESANTIS, STEPHEN HEBERT, ASHLEY MOODY, JIMMY PATRONIS, WILTON SIMPSON, MICHELLE WHITWORTH (RODRIGUEZ, JASON) |
| Set/Reset Deadlines as to #5 MOTION to Stay Execution, #4 MOTION for Leave to Proceed in forma pauperis , #8 MOTION to Dismiss . (Internal deadline for referral to judge if response not filed earlier: 4/28/2023). (rcb) |
| Filing 6 NOTICE Summons to Be Issued by Darryl Bryan Barwick (MCDERMOTT, LINDA) |
| Filing 5 EMERGENCY MOTION FOR A STAY OF EXECUTION. (MCDERMOTT, LINDA) Modified to edit title on 4/14/2023 (rcb). |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Darryl Bryan Barwick. (MCDERMOTT, LINDA) |
| Filing 3 MEMORANDUM in Support re #2 Complaint by Darryl Bryan Barwick. (MCDERMOTT, LINDA) |
| Filing 2 EMERGENCY INJUNCTION SOUGHT. (Attachments: #1 Appendix, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons) (MCDERMOTT, LINDA) Modified to edit title on 4/14/2023 (rcb). |
| Filing 1 CIVIL COVER SHEET. (MCDERMOTT, LINDA) |
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