Hernandez v. Florida Department of Corrections
| Luis Hernandez |
| Florida Department of Corrections |
| 0:2021cv60768 |
| April 7, 2021 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on June 2, 2021. A more recent docket listing may be available from PACER.
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Filing 14
ENDORSED ORDER STRIKING #12 Amended Complaint/Amended Notice of Removal filed by Luis Hernandez, #13 Memorandum filed by Luis Hernandez. The Court dismissed and closed the case on May 18, 2021. ECF No. 9. It is improper to file amended pleadings in closed cases in which the Court has not granted leave to amend. See Mainstream Advert., Inc. v. Moniker Online Servs., LLC, No. 17-CV-22714-BB, 2018 WL 1933699, at *3 (S.D. Fla. Apr. 24, 2018); see also ECF No. 9 at 2 n.1. The Clerk is directed to MAIL Petitioner a copy of this Order. Signed by Judge Marcia G. Cooke on 6/2/2021. (js05)
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| Filing 13 STRICKEN PER DE 14. Supporting Facts and MEMORANDUM of Law re #12 Second Amended Petition by Luis Hernandez. (pcs) Modified on 6/2/2021 (lbc). |
| Filing 12 STRICKEN PER DE 14. .SECOND AMENDED APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 against Florida Department of Corrections filed in response to Order Granting Motion for Leave, filed by Luis Hernandez. (pcs) Modified on 6/2/2021 (lbc). |
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Filing 11
ENDORSED ORDER STRIKING AS MOOT #10 Notice (Other) filed by Luis Hernandez. The Court issued an Order dismissing the case on May 18, 2021. The filing of the Notice at issue does not impact the validity of the Court's Order. This case shall remain closed. The Clerk is directed to MAIL a copy of this Order to Petitioner. Signed by Judge Marcia G. Cooke on 5/25/2021. (js05)
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| Filing 10 STRICKEN PER DE 11. NOTICE On Order For Second Amended Petition by Luis Hernandez re #7 ORDER FOR SECOND AMENDED PETITION OR FOR NOTICE ELECTING TO RETURN TO STATE COURT TO EXHAUST ADMINISTRATIVE REMEDIES. (pcs) Modified on 5/26/2021 (lbc). |
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Filing 9
ORDER DISMISSING CASE. This case is DISMISSED without prejudice for failure to comply with court orders. The Clerk is directed to CLOSE this case. Signed by Judge Marcia G. Cooke on 5/18/2021. See attached document for full details. (daa)
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| Filing 8 CLERK'S NOTICE of compliance re #7 Order. Copy of Order and the Court's form for 2254 actions mailed to Petitioner. (daa) |
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Filing 7
ORDER FOR SECOND AMENDED PETITION OR FOR NOTICE ELECTING TO RETURN TO STATE COURT TO EXHAUST ADMINISTRATIVE REMEDIES. By June 10, 2021, Petitioner shall file a SAP containing only exhausted claims. The SAP shall be filed on this District's form for 2254 cases. Alternatively, Petitioner may, if he chooses, return to state court to attempt to exhaust any unexhausted claims. If he chooses to do so, he shall file a short notice notifying the Court of this decision. The notice must be received by the Court and docketed by June 10, 2021. The Clerk is directed to MAIL Petitioner copy of this Order and the Court's form for 2254 actions. Signed by Judge Marcia G. Cooke on 5/10/2021. See attached document for full details. (Attachments: #1 28:2254 Habeas Petition Form) (daa)
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| Filing 6 Supporting Facts and MEMORANDUM of Law re #5 Amended APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 by Luis Hernandez. (pcs) |
| Filing 5 AMENDED APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 against Florida Department of Corrections filed in response to Order Granting Motion for Leave, filed by Luis Hernandez.(pcs) |
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Filing 4
ORDER FOR AMENDED PETITION re #1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Luis Hernandez. On or before May 13, 2021, Petitioner shall file an amended petition. The amended petition shall be filed on this District's form for 2254 actions, which must be filled out completely. Signed by Judge Marcia G. Cooke on 4/13/2021. See attached document for full details. (Attachments: #1 28:2254 Habeas Petition Form) (daa)
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Filing 3
ORDER REQUIRING FEE OR FILING OF MOTION TO PROCEED IFP. On or before May 13, 2021, Petitioner shall either pay the Clerk's filing fee of $5.00 or, alternatively, file an IFP motion upon the form provided with this Order. Signed by Judge Marcia G. Cooke on 4/13/2021. See attached document for full details. (Attachments: #1 IFP form) (daa)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. (daa) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. Filing fee $ 5.00 (Filing fee not paid/ IFP Motion not filed), filed by Luis Hernandez.(daa) |
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| Plaintiff: Luis Hernandez | |
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| Defendant: Florida Department of Corrections | |
| Represented By: | Noticing 2254 SAG Broward and North |
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