DESUE v. INCH et al
Petitioner: MICHAEL C DESUE
Respondent: LINDA SANTANA and MARK INCH
Case Number: 5:2019cv00237
Filed: July 22, 2019
Court: US District Court for the Northern District of Florida
Presiding Judge: HOPE T CANNON
Referring Judge: M CASEY RODGERS
2 Judge: T KENT WETHERELL
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2019 Opinion or Order 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)
September 3, 2019 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #9 First Amended Complaint. (sdw)
September 3, 2019 Filing 9 FIRST AMENDED COMPLAINT against STATE OF FLORIDA, MARK INCH, and LINDA SANTANA filed by MICHAEL C DESUE. (no service copies) (sdw)
August 26, 2019 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)
August 26, 2019 Filing 8 MOTION for Leave to Amend #1 Writ of Complaint by MICHAEL C DESUE. (sdw)
August 26, 2019 Filing 7 RESPONSE by MICHAEL C DESUE re #6 Order. (sdw)
August 9, 2019 Opinion or Order 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)
August 1, 2019 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: 5 Filing Fee Received. (sdw)
August 1, 2019 Filing 5 Habeas Filing fee: $5.00, receipt number FLN3-13107. Fee status updated to paid. (sdw)
July 29, 2019 Opinion or Order 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)
July 24, 2019 Opinion or Order 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)
July 23, 2019 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)
July 23, 2019 Filing 2 Notice to Pro Se litigant MICHAEL C DESUE. (sdw)
July 22, 2019 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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Respondent: LINDA SANTANA
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Respondent: MARK INCH
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Petitioner: MICHAEL C DESUE
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