Davis v. Inch
| Leroy Davis |
| Mark Inch |
| 0:2020cv61446 |
| July 17, 2020 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Raag Singhal |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 7
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Lisette M. Reid on 7/23/2020. See attached document for full details. (br)
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Filing 6
PAPERLESS ORDER denying #4 Motion to Appoint Counsel. The appointment of counsel in civil cases is not a constitutional right but a privilege that is justified only by exceptional circumstances, such as where the facts and legal issues are so novel or complex as to require the assistance of a trained practitioner. Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987). This rule extends to postconviction collateral attacks. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987). Since preliminary review of the record reveals that an evidentiary hearing is not required in this case, the appointment of counsel is not mandatory, nor do the interests of justice require such an appointment at this time. See Rules Governing Section 2254 Cases Rule 8(c); see McGriff v. Dept. of Corrections, 338 F.3d 1231 (11th Cir. 2003). No such exceptional circumstances exist here to justify the appointment of counsel at this juncture. Signed by Magistrate Judge Lisette M. Reid on 7/23/2020. (er00)
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Filing 5
PAPERLESS ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Plaintiff to Proceed without Prepayment of Filing Fee but Establishing Debt to Clerk of $5.00. USM Service NOT Ordered. Signed by Magistrate Judge Lisette M. Reid on 7/23/2020. (er00)
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| Filing 4 MOTION to Appoint Counsel by Leroy Davis. Responses due by 7/31/2020 (amb) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Leroy Davis. (amb) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal 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. (amb) |
| 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 Leroy Davis.(amb) |
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| Plaintiff: Leroy Davis | |
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| Defendant: Mark Inch | |
| Represented By: | Noticing 2254 SAG Broward and North |
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