WITHERSPOON v. TALLAHASSEE POLICE DEPARTMENT
| WILLIAM WITHERSPOON |
| TALLAHASSEE POLICE DEPARTMENT |
| 4:2023cv00272 |
| June 28, 2023 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| MARK E WALKER |
| 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 August 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 9 CLERK'S JUDGMENT re #8 AMENDED ORDER DISMISSING CASE. 90 Day Exhibit Return Deadline set for 11/13/2023. (rcb) |
Filing 8
AMENDED ORDER DISMISSING CASE. Petitioner Witherspoon's 2254 petition, ECF No. #1 , is DISMISSED for lack of jurisdiction as it is an unauthorized successive petition. A certificate of appealability be DENIED and leave to appeal in forma pauperis be DENIED. The Clerk shall enter judgment stating, "Petitioner's 2254 petition, ECF No. #1 , is DISMISSED for lack of jurisdiction as it is an unauthorized successive petition." The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 8/14/2023. (rcb)
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Filing 7
ORDER. Petitioner Witherspoon's 2254 petition, ECF No. #1 , is DISMISSED for lack of jurisdiction as it is an unauthorized successive petition. A certificate of appealability be DENIED and leave to appeal in forma pauperis be DENIED. Signed by CHIEF JUDGE MARK E WALKER on 8/14/2023. (rcb)
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Filing 6
ORDER. Accordingly, it is ORDERED that the Clerks Office shall refer this matter to the Honorable Mark E. Walker for resolution upon my recusal. MAGISTRATE JUDGE MARTIN A FITZPATRICK recused.. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 8/14/2023. (rcb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #6 ORDER. #3 ORDER. (rcb)**FILING FEE NOT RECEIVED RE: #6 |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #5 Amended Petition for Writ of Habeas Corpus. (rcb) |
| Filing 5 AMENDED PETITION for Writ of Habeas Corpus, filed by WILLIAM WITHERSPOON. (rcb)**(2) SERVICE COPIES RECEIVED** |
| Filing 4 Habeas Filing fee: $ 5.00, receipt number 400000747. Fee status updated to paid. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 4 Habeas Filing Fee Received. (rcb) |
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Filing 3
ORDER. The Clerk of Court shall forward to Petitioner an application for leave to proceed IFP. Petitioner shall have until 8/4/2023, to either submit a complete IFP application or pay the $5.00 filing fee.The Clerk shall forward four 2254 forms to Petitioner, writing AMENDED and the case number on the blank forms. On or before 8/4/2023, Petitioner shall file an amended habeas corpus petition using the 2254 forms provided and following the instructions in this order. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 7/5/2023. (rcb)**FORMS FORWARDED AS DIRECTED**
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| Filing 2 Notice to Pro Se (rcb) |
| Filing 1 PETITION FOR RULE 1.540 RELIEF FROM JUDGMENT, filed by WILLIAM WITHERSPOON. (rcb)**NO SERVICE COPY/NO FILING FEE** |
| 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. (rcb) |
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| Petitioner: WILLIAM WITHERSPOON | |
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| Respondent: TALLAHASSEE POLICE DEPARTMENT | |
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