Roundtree v. Inch
| Christopher Roundtree |
| Mark Inch |
| 0:2019cv61208 |
| May 13, 2019 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Lisette M Reid |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 10
PAPERLESS ORDER denying #9 Appeal/Objection of Magistrate Judge Order to District Court. Petitioner has until July 18, 2019 to file an amended petition that conforms with the Magistrate Judge's instructions. Signed by Judge Cecilia M. Altonaga (CMA)
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| Filing 9 Objections to #5 , and 8 : Magistrate Judge's Order of Non Compliance And For Amendment And Denial Of Reconsideration by Christopher Roundtree. (vmz) Modified text on 7/2/2019 (vmz). Modified to convert to Appeal/Objection relief on 7/2/2019 (asl). |
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Filing 8
PAPERLESS ORDER granting in part and denying in part #7 Motion for Extension of Time to Amend. Petitioner's motion for extension of time is GRANTED in part so that Petitioner is required to submit an amended complaint within 30 days, on or before July 18, 2019, which complies with the Rules governing these proceedings. This Court ALSO CONSTRUES Petitioner's "Objections" #6 as a motion for reconsideration of the Court's prior order to amend. See #5 . Petitioner is advised that pursuant to 28 U.S.C. 2254(b)(1) habeas applications "shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the state or there is an absence of available state corrective process or circumstances exist that render such process ineffective to protect the rights of the applicant." "The substance of a federal habeas corpus claim must first be presented to the state courts." Picard v. Connor, 404 U.S. 270, 278 (1971). In addition, Petitioner is required to present each claim separately "such that the reasonable reader would understand each claim's particular legal basis and specific factual foundation." Kelley v. Sec'y for the Dep't of Corr., 377 F.3d 1317, 1344-1345 (11th Cir. 2004). Accordingly, Petitioner's motion for reconsideration is DENIED. Petitioner shall submit an amended complaint which follows the Rules and directives of the Court. Signed by Magistrate Judge Lisette M. Reid on 6/18/2019. (lt00)
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| Filing 7 MOTION for Extension of Time to Amend #1 Application/Petition (Complaint) for Writ of Habeas Corpus by Christopher Roundtree. Responses due by 7/1/2019 (vmz) |
| Filing 6 Objections to #5 Order Re Non-Compliance And For Amended Petition, by Christopher Roundtree. (vmz) |
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Filing 5
ORDER RE NON-COMPLIANCE AND FOR AMENDED PETITION on or before June 14, 2019, Petitioner shall file an amended 2254 motion that complies with the applicable rules of procedure set forth in this order, and that cures the pleading deficiencies identified in this order. ( Amended Complaint due by 6/14/2019) Signed by Magistrate Judge Lisette M. Reid on 6/3/2019. See attached document for full details. (Attachments: #1 2254 Complaint Form) (fbn)
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Filing 4
ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Lisette M. Reid on 5/28/2019. See attached document for full details. (fbn)
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| Filing 3 Clerks Notice of Receipt of Filing Fee received on 5/23/2019 in the amount of $5.00, receipt number FLS100187709. (asz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga and Magistrate Judge Lisette M. Reid. Pursuant to Administrative Order 2019-2, 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. (jao) |
| Filing 1 PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. Filing fee $ 5.00(Not Paid/ No IFP), filed by Christopher Roundtree.(jao) |
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| Plaintiff: Christopher Roundtree | |
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| Defendant: Mark Inch | |
| Represented By: | Noticing 2254 SAG Broward and North |
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