Forney v. Warden Robert Smith
| James M Forney |
| Warden Robert Smith |
| 0:2018cv62794 |
| November 16, 2018 |
| US District Court for the Southern District of Florida |
| William P Dimitrouleas |
| Patrick A White |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on January 9, 2019. A more recent docket listing may be available from PACER.
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| Filing 20 PAPERLESS Case No Longer Referred to Magistrate Judge Lisette Marie Reid/Case Closed by the District Judge. Signed by Magistrate Judge Lisette Marie Reid on 1/9/2019. (br) |
Filing 19
FINAL JUDGMENT AND ORDER DISMISSING PETITION AND DENYING CERTIFICATE OF APPEALABILITY. Judgment is entered on behalf of Respondent, against the Petitioner, James M Forney. The Clerk shall close this case and deny any pending motions as Moot. Signed by Judge William P. Dimitrouleas on 1/7/2019. See attached document for full details. (mc)
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Filing 18
FINAL JUDGMENT AND ORDER DISMISSING HABEAS PETITION, WITHDRAWING REFERENCE. Forney's habeas petition DE #6 -2 is Dismissed, as time-barred. The Report and Recommendation DE #13 is Approved. The Clerk shall close this case and deny any pending motions as Moot. The Reference to Magistrate DE 9 is Withdrawn. Signed by Judge William P. Dimitrouleas on 1/7/2019. See attached document for full details. (mc)
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| Filing 17 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) - 2019-2 to Magistrate Judge Lisette Marie Reid. Magistrate Judge Patrick A. White no longer assigned to case. (jmd) |
| Filing 16 OBJECTIONS to #13 Report and Recommendations by James M Forney. (dj) |
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Filing 15
ORDER overruling #14 Motion To Determine If Judge Abused Discretion. Signed by Judge William P. Dimitrouleas on 12/7/2018. See attached document for full details. (cqs)
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| Filing 14 Objection To The Recent Transfer Of District and MOTION To Transfer Habeas Cause Back To The District Having Territorial Jurisdiction: Middle by James M Forney. (cqs) |
| Filing 13 REPORT AND RECOMMENDATIONS on 28 USC 2254 case re #6 MOTION for Leave to File Excess Pages filed by James M Forney; Recommending that petitioner's habeas petition (DE#6 -2) be DISMISSED as untimely; that no certificate of appealability issue; that final judgment be entered; and that the case be closed. Objections to R&R due by 12/18/2018. Signed by Magistrate Judge Patrick A. White on 12/4/2018. See attached document for full details. (fbn) |
| Filing 12 NOTICE of filing online Florida court dockets, the U.S. Supreme Court docket, and certain documents to be made part of the instant record. Clerk mailed a copy of all Exhibits to Petitioner. (Attachments:( Main Attachment) Exhibit 1, #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16) (fbn) |
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Filing 11
ORDER OF DIRECTIONS TO CLERK. Signed by Magistrate Judge Patrick A. White on 11/29/2018. See attached document for full details. (fbn)
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Filing 10
PAPERLESS ORDER re #6 MOTION for Leave to File Excess Pages filed by James M Forney.The court GRANTS, in part, petitioner's motion for leave to file an overlong 2254 petition merely to the extent that it will accept petitioner's 2254 petition (DE#6-2) and exhibits (DE#6-3) as filed. The court's partial granting of this motion in no way means or suggests any agreement with the factual or legal assertions that petitioner makes in these filings. Signed by Magistrate Judge Patrick A. White on 11/28/2018. (js04)
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| Filing 9 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (jua) |
| Filing 8 Case transferred in from Florida Middle; Case Number 3:18-cv-01164. Electronic file including transfer order and docket sheet received. .(jua). |
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Filing 7
ORDER transferring this case to the United States District Court for the Southern District of Florida; directions to the Clerk. Signed by Judge Marcia Morales Howard on 11/15/2018. (CAW)
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| Filing 6 MOTION for Leave of Court to enlarge the page limit of the 28 U.S.C. 2254 Petition in this extraordinary cause by James M Forney. (Attachments: #1 Exhibit A, #2 Exhibit Proposed 2254 Petition, #3 Exhibit Appendix to Proposed 2254 Petition)(RH) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 11/6/2018 to edit text(RH). |
| Filing 5 NOTICE of change of address by James M Forney (RH) |
| Filing 4 NOTICE of designation under Local Rule 3.05 - track 1. Signed by Deputy Clerk on 10/5/2018. (JW) |
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Filing 3
ORDER denying #1 Petitioner's Motion for Leave of Court to Enlarge the Page Limit of the 28 U.S.C. 2254 Petition without prejudice to his right to refile the motion with a proposed petition by 11/5/2018; directions to the Clerk. Signed by Magistrate Judge Monte C. Richardson on 10/1/2018. (CAW)
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| Filing 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency by James M Forney. (RH) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 1 MOTION for Leave of Court to enlarge the page limit of the 28 U.S.C. 2254 Petition in this extraordinary cause by James M Forney. (Postmark 9/25/18) (RH) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 9/28/2018 to edit text (RH). |
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| Respondent: Warden Robert Smith | |
| Represented By: | Noticing 2254 SAG Broward and North |
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| Plaintiff: James M Forney | |
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