Garcia v. State of Florida

Plaintiff: Luis Garcia
Defendant: State of Florida
Case Number: 0:2019cv62410
Filed: September 27, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Marcia G Cooke
Referring Judge: Lisette M Reid
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 4, 2019 Filing 11 ORDER RE NON-COMPLIANCE AND FOR SECOND AMENDED PETITION 28 U.S.C. 2254. On or before November 25, 2019, Petitioner shall file a second amended 2254 petition 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 11/25/2019.) Signed by Magistrate Judge Lisette M. Reid on 11/4/2019. See attached document for full details. (Attachments: #1 2254 Complaint Form) (fbn)
October 29, 2019 Filing 10 AMENDED Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus against State of Florida, filed by Luis Garcia. (jas)
October 3, 2019 Filing 9 ORDER RE NON-COMPLIANCE AND FOR AMENDED PETITION. On or before November 3, 2019, Petitioner shall file an amended 2254 petition 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 11/3/2019.) Signed by Magistrate Judge Lisette M. Reid on 10/3/2019. See attached document for full details. (Attachments: #1 2254 Complaint Form) (fbn)
October 3, 2019 Filing 8 INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Lisette M. Reid on 10/3/2019. See attached document for full details. (fbn)
October 3, 2019 Filing 7 PAPERLESS ORDER denying #5 Motion for Leave to Proceed in forma pauperis, without prejudice. Petitioner filed his motion to proceed in forma pauperis but failed to submit the supporting statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any institutional account in his name in accordance with Rule 3(a) of the Rules Governing 2254 Proceedings in the District Courts. Petitioner shall file a motion to proceed in forma pauperis, with the six-month account statement on or before November 3, 2019. Signed by Magistrate Judge Lisette M. Reid on 10/3/2019. (jgg)
October 3, 2019 Filing 6 PAPERLESS ORDER denying #4 Motion for Certificate of Appealability, without prejudice. Petitioner continually references the Certificate of Appealability in support of his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 ("Petition") [ECF 1]. Accordingly, the Court construes Petitioner's Motion for Certificate of Appealability as a Memorandum of Law in Support of the 2254 Petition. The combined 2254 Petition and Memorandum of Law exceed twenty pages. See S.D. Fla. L.R. 7.1(c)(2). Therefore, Plaintiff shall file an amended 2254 petition on or before November 3, 2019. Moreover, the Court will address whether a Certificate of Appealability is appropriate in a report, upon receipt of the Amended Petition, and a response from Respondent and reply from Petitioner, if necessary. Signed by Magistrate Judge Lisette M. Reid on 10/3/2019. (jgg)
September 27, 2019 Filing 5 MOTION for Leave to Proceed in forma pauperis by Luis Garcia. (amb)
September 27, 2019 Filing 4 MOTION for Certificate of Appealability by Luis Garcia. Responses due by 10/11/2019 (amb)
September 27, 2019 Filing 3 Clerks Notice of Magistrate Judge Assignment to Magistrate Judge Lisette M. Reid. Pursuant to Administrative Order 2019-2 for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (amb)
September 27, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. 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. (amb)
September 27, 2019 Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. Filing fee $ 5.00. IFP Filed, filed by Luis Garcia. (Attachments: #1 Exhibit)(amb)

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Plaintiff: Luis Garcia
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Defendant: State of Florida
Represented By: Noticing 2254 SAG Broward and North
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