DESUE v. INCH et al
| MICHAEL C DESUE |
| LINDA SANTANA and MARK INCH |
| 5:2019cv00237 |
| July 22, 2019 |
| US District Court for the Northern District of Florida |
| HOPE T CANNON |
| M CASEY RODGERS |
| T KENT WETHERELL |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 10
ORDER and REPORT AND RECOMMENDATION. ORDERED that the motion for leave to file an amended writ of complaint, ECF Doc. #8 , is GRANTED. The filing at ECF Doc. #9 is accepted. RECOMMENDED that the filing at ECF Doc. #9 be DISMISSED as a second or successive habeas corpus application filed without first obtaining an order from the Eleventh Circuit authorizing the district court to consider it. That a certificate of appealability be denied. That the clerk be directed to close the file. R&R flag set. (Internal deadline for referral to district judge if objections are not filed earlier: 10/7/2019.) Signed by MAGISTRATE JUDGE HOPE T CANNON on 9/9/2019. (sdw)
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| Filing 9 FIRST AMENDED COMPLAINT against STATE OF FLORIDA, MARK INCH, and LINDA SANTANA filed by MICHAEL C DESUE. (no service copies) (sdw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #9 First Amended Complaint. (sdw) |
| Filing 8 MOTION for Leave to Amend #1 Writ of Complaint by MICHAEL C DESUE. (sdw) |
| Filing 7 RESPONSE by MICHAEL C DESUE re #6 Order. (sdw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #8 MOTION for Leave to Amend #1 Writ of Complaint, #7 Response. Referred to HOPE T CANNON. (sdw) |
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Filing 6
ORDER. DeSue has thirty (30) days from the date of this Order to show cause why his "Writ" should not be treated as a petition under 28 U.S.C. 2254 for habeas relief. DeSue has thirty (30) days from the date of this Order to show cause why his "Writ" should not be recommended for dismissal as a successive petition under 28 U.S.C. 2254. Signed by MAGISTRATE JUDGE HOPE T CANNON on 8/9/2019. Show Cause Response due by 9/9/2019. (sdw)
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| Filing 5 Habeas Filing fee: $5.00, receipt number FLN3-13107. Fee status updated to paid. (sdw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: 5 Filing Fee Received. (sdw) |
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Filing 4
ORDER OF RECUSAL. JUDGE T KENT WETHERELL II recused. Case reassigned to JUDGE M CASEY RODGERS for all further proceedings. Signed by JUDGE T KENT WETHERELL II on 7/29/2019. (MB)
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Filing 3
ORDER. The Clerk shall forward to Petitioner a form application to proceed in forma pauperis. Within thirty (30) days from the date of this order, Petitioner shall submit payment in the amount of $5.00, or file a complete application to proceed in forma pauperis. (IFP motion/Fee due by 8/26/2019.) Signed by MAGISTRATE JUDGE HOPE T CANNON on 7/24/2019. (form to Pet) (sdw)
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| Filing 2 Notice to Pro Se litigant MICHAEL C DESUE. (sdw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #1 Emergency PETITION for Writ of Habeas Corpus. (sdw) |
| Filing 1 Emergency PETITION for Writ of Habeas Corpus (Titled: Emergency Writ of Complaint) filed by MICHAEL C DESUE. (no service copies)(no filing fee/IFP motion) (Attachments: #1 Appendix) (sdw) |
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