ZACK v. DESANTIS et al
| MICHAEL DUANE ZACK, III |
| RON DESANTIS, ASHLEY MOODY, JIMMY PATRONIS, WILTON SIMPSON, MELINDA N COONROD, STEPHEN HERBERT and SUSAN MICHELLE WHITWORTH |
| 4:2023cv00392 |
| September 5, 2023 |
| US District Court for the Northern District of Florida |
| ROBERT L HINKLE |
| T KENT WETHERELL |
| Death Penalty - Habeas Corpus |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 35 CLERK'S JUDGMENT re #34 ORDER DISMISSING THE ACTION AS MOOT. 90 Day Exhibit Return Deadline set for 1/29/2024. (rcb) |
Filing 34
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 10/30/2023. (rcb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: #32 ORDER TO SHOW CAUSE WHY THE CASE SHOULD NOT BE DISMISSED AS MOOT. (rcb)***Show Cause Response not filed by 10/27/2023 |
| Filing 33 MANDATE of USCA #23-13021 as to #26 Notice of Appeal filed by MICHAEL DUANE ZACK, III.Appellant Zack'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 11/20/2023. (rcb) |
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Filing 32
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 10/27/2023 why the action should not be so dismissed. Signed by JUDGE ROBERT L HINKLE on 10/20/2023. (rcb)
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| Filing 29 Pursuant to F.R.A.P. 11(c), # 23-13021 the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: #26 Notice of Appeal. The entire record on appeal is available electronically. (rcb) |
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Filing 30
ORDER of USCA #23-13021 as to #26 Notice of Appeal filed by MICHAEL DUANE ZACK, III. The application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The petition for a writ of certiorari is denied. (rcb)
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Filing 31
ORDER of USCA #23-13021 as to #26 Notice of Appeal filed by MICHAEL DUANE ZACK, III. Zacks due-process claim does not have a substantial likeli-hood of success on the merits. We must therefore deny his motion for a stay of execution pending appeal. MOTION FOR A STAY OF EXECUTION PENDING APPEAL DENIED. (rcb)
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| Filing 28 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #26 Notice of Appeal. (kjw) |
| Filing 27 Appeal Instructions re: #26 Notice of 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 10/2/2023. (kjw) |
| Set Deadlines re #26 Notice of Appeal : Clerk to check status of Appeal on 12/18/2023. Certificate of Readiness (FRAP 11) due by 10/2/2023. (kjw) |
| Filing 26 NOTICE OF APPEAL as to #25 Order on Motion to Stay by MICHAEL DUANE ZACK, III. ( (MCDERMOTT, LINDA) |
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Filing 25
ORDER DENYING THE MOTION FOR A STAY OF EXECUTION. The motion for a stay of execution, ECF No. #3 , is denied. Signed by JUDGE ROBERT L HINKLE on 9/15/2023. (kjw)
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Filing 24
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS. The plaintiff's motion for leave to proceed in forma pauperis, ECF No. #4 , is granted. Signed by JUDGE ROBERT L HINKLE on 9/15/2023. (kjw)
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| Filing 23 REPLY to Response to Motion re #3 MOTION to Stay Execution filed by MICHAEL DUANE ZACK, III. (MCDERMOTT, LINDA) |
| Filing 22 RESPONSE in Opposition re #18 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and as frivolous filed by MICHAEL DUANE ZACK, III. (MCDERMOTT, LINDA) |
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Filing 21
ORDER ALLOWING A REPLY MEMORANDUM - The plaintiff's motion, ECF No. #20 , for leave to file a reply memorandum in support of his motion to stay is granted. The plaintiff may file a reply memorandum by September 12, 2023. Signed by JUDGE ROBERT L HINKLE on 9/11/2023. (ckm)
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| Filing 20 MOTION for Leave to File re #19 Response in Opposition to Motion for Stay by MICHAEL DUANE ZACK, III. (MCDERMOTT, LINDA) |
| ACTION *NO LONGER* REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is not needed re the AR done on 9/7/2023 - no ISO is needed for this case. (kjw) |
| Set Deadlines-Re: #13 - (Internal deadline for referral to judge if response not filed earlier: 9/25/2023). (rcb) |
| Filing 19 RESPONSE in Opposition re #3 MOTION to Stay Execution filed by MELINDA N COONROD, RON DESANTIS, STEPHEN HERBERT, ASHLEY MOODY, JIMMY PATRONIS, WILTON SIMPSON, SUSAN MICHELLE WHITWORTH. (MILLSAPS, CHARMAINE) |
| Filing 18 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and as frivolous by MELINDA N COONROD, RON DESANTIS, STEPHEN HERBERT, ASHLEY MOODY, JIMMY PATRONIS, WILTON SIMPSON, SUSAN MICHELLE WHITWORTH. (MILLSAPS, CHARMAINE) |
| Set Deadline-Re: #11 - #17 - Answer due by 9/28/2023. (rcb) |
| Filing 17 AFFIDAVIT of Service for Summons served on Susan Michelle Whitworth (Mark Hiers) on 9/7/2023, filed by MICHAEL DUANE ZACK, III. (MCDERMOTT, LINDA) |
| Filing 16 AFFIDAVIT of Service for Summons served on Stephen Herbert (Mark Hiers) on 9/7/2023, filed by MICHAEL DUANE ZACK, III. (MCDERMOTT, LINDA) |
| Filing 15 AFFIDAVIT of Service for Summons served on Melinda Coonrod (Mark Hiers) on 9/7/2023, filed by MICHAEL DUANE ZACK, III. (MCDERMOTT, LINDA) |
| Filing 14 AFFIDAVIT of Service for Summons served on Wilton Simpson (John Minnick) on 9/7/2023, filed by MICHAEL DUANE ZACK, III. (MCDERMOTT, LINDA) |
| Filing 13 AFFIDAVIT of Service for Summons served on Jimmy Patronis (Brianna Larry) on 9/7/2023, filed by MICHAEL DUANE ZACK, III. (MCDERMOTT, LINDA) |
| Filing 12 AFFIDAVIT of Service for Summons served on Ashley Moody (Paula Trigg) on 9/7/2023, filed by MICHAEL DUANE ZACK, III. (MCDERMOTT, LINDA) |
| Filing 11 AFFIDAVIT of Service for Summons served on Governor DeSantis (Nick Meros) on 9/7/2023, filed by MICHAEL DUANE ZACK, III. (MCDERMOTT, LINDA) |
| Filing 10 CIVIL COVER SHEET. (MCDERMOTT, LINDA) |
| Filing 9 DOCKET ANNOTATION BY COURT: Re #1 Complaint. TO ATTORNEY MICHAEL DUANE ZACK, III-Party names (including aliases) are to be added using all caps and no punctuation. (See "Style Guide for Electronic Case Filing," available on Clerk's website.) The party names will be corrected by the clerk. Further, counsel is advised by this entry, that a Civil Cover Sheet must be filed as a separate entry using the event selection "Civil Cover Sheet" which is found under "Other Filings" under "Other Documents". PLEASE RE-FILE THE CIVIL COVER SHEET. (rcb) |
| Filing 8 Summons Issued as to MELINDA N COONROD, RON DESANTIS, STEPHEN HERBERT, ASHLEY MOODY, JIMMY PATRONIS, WILTON SIMPSON, SUSAN MICHELLE WHITWORTH. (Attachments: #1 SUMMONS ISSUED-PATRONIS, #2 SUMMONS ISSUED-COONROD, #3 SUMMONS ISSUED-HERBERT, #4 SUMMONS ISSUED-WHITWORTH, #5 SUMMONS ISSUED-SIMPSON, #6 SUMMONS ISSUED-DESANTIS) (rcb) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: #5 Notice of Appearance (rcb)**AN ISO IS NEEDED** |
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Filing 7
ORDER TRANSFERRING CASE. The plaintiff in this case is under an active death warrant. He challenges the clemency process and seeks a stay of execution. This case is related to a case over which Judge Hinkle is presiding, Case No. 3:05cv369. Consistent with the District's standard practice, the judge with the lower-numbered related case should preside over both cases. Judge Hinkle has been consulted and he agrees. Accordingly, it is ORDERED that the Clerk shall transfer this case to Judge Hinkle for all further proceedings. Signed by JUDGE T KENT WETHERELL II on 09/06/23. (ORDER REASSIGNING CASE. Case reassigned to JUDGE ROBERT L HINKLE for all further proceedings.) (jfj)
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| Filing 6 NOTICE of Intent to Respond by MELINDA N COONROD, RON DESANTIS, STEPHEN HERBERT, ASHLEY MOODY, JIMMY PATRONIS, WILTON SIMPSON, SUSAN MICHELLE WHITWORTH re #3 MOTION to Stay Execution, #2 Memorandum in Support, #1 Complaint, (RODRIGUEZ, JASON) |
| Filing 5 NOTICE of Appearance by JASON WILLIAM RODRIGUEZ on behalf of MELINDA N COONROD, RON DESANTIS, STEPHEN HERBERT, ASHLEY MOODY, JIMMY PATRONIS, WILTON SIMPSON, SUSAN MICHELLE WHITWORTH (RODRIGUEZ, JASON) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by MICHAEL DUANE ZACK, III. (MCDERMOTT, LINDA) |
| Filing 3 MOTION to Stay Execution by MICHAEL DUANE ZACK, III. (MCDERMOTT, LINDA) |
| Filing 2 MEMORANDUM in Support re #1 Complaint, by MICHAEL DUANE ZACK, III. (MCDERMOTT, LINDA) |
| Filing 1 COMPLAINT against All Defendants, filed by MICHAEL DUANE ZACK, III. (Attachments: #1 Appendix, #2 Summons to Be Issues, #3 Summons to Be Issued, #4 Summons to Be Issued, #5 Summons to Be Issued, #6 Summons to Be Issued, #7 Summons to Be Issued, #8 Summons to Be Issued) (MCDERMOTT, LINDA) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #1 Complaint, #2 Memorandum in Support, #3 MOTION to Stay Execution, #4 MOTION for Leave to Proceed in forma pauperis. (jfj) |
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