Camp v. Governor of Florida et al
| James R. Camp |
| State of Florida, Sheriff of Broward County and Governor of Florida |
| 0:2020cv62001 |
| October 1, 2020 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
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Filing 6
PAPERLESS ORDER. The Court dismissed this action under 28 U.S.C. 2241 because the Petitioner instituted it without paying the mandatory $5 filing fee or filing an IFP motion. (ECF No. 3). The Petitioner has filed an IFP motion, on which he has written "re-file 2241 motion." Thus, the court will treat the IFP motion as a motion to reopen the case based on his filing of an IFP motion. However, as explained in the order dismissing the case, petitioners must file proper IFP motions when they bring 2241 actions: this requirement is mandatory. Petitioner may not shirk it by filing an IFP motion AFTER the court has dismissed the case. Reopening the case in these circumstances would disregard statutory mandates, discourage petitioners from filing their IFP motions at the outset of the case, and needlessly create more work for the Court. Notably, moreover, the IFP motion is improper because he failed to support it with "a certificate from the warden or other appropriate officer of the place of confinement showing the amount of money or securities that the petitioner has in any account in the institution." Rule 3(a)(2), Rules Governing Section 2254 Cases. Accordingly, the Court DENIES the motion to reopen the case and DENIES WITHOUT PREJUDICE the IFP motion #5 . If he wishes, the Petitioner may file a NEW, SEPARATE 2241 action on this District's form for 2241 cases, in which accompanies that petition with the $5 filing fee or a proper IFP motion. The Clerk is directed to mail the Petitioner a copy of this order. Signed by Judge Robert N. Scola, Jr on 11/3/2020. (js05)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by James R. Camp. (kpe) |
| Filing 4 CLERK'S NOTICE of compliance re #3 ORDER DISMISSING CASE. Copy of Order mailed to Plaintiff as instructed. (daa) |
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Filing 3
ORDER DISMISSING CASE. The Court dismisses without prejudice the petition (ECFNo. #1 ). The Clerk is directed to close this case and mail a copy of this orderto the Petitioner. Signed by Judge Robert N. Scola, Jr on 10/7/2020. See attached document for full details. (daa)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. (jc) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 (NOT PAID/NO IFP), filed by James R. Camp.(jc) |
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