Miller v. The State of Florida Attorney General
| Wallace Miller |
| The State of Florida Attorney General |
| 0:2021cv61221 |
| June 11, 2021 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 1651 |
| None |
Docket Report
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This docket was last retrieved on June 30, 2021. A more recent docket listing may be available from PACER.
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Filing 5
PAPERLESS Administrative Order Closing Case. Signed by Judge Rodolfo A. Ruiz, II on 6/30/2021. (co)
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Filing 4
PAPERLESS ORDER dismissing #1 All Writs Petition and closing this case. Petitioner did not pay the $402 filing fee. See Clerk's Notice of Filing Deficiency [ECF No. 3]. He also did not submit a motion for leave to proceed in forma pauperis. See generally Docket. On this basis alone, the Court could dismiss this All Writs action. See White v. Lemma, 947 F.3d 1373, 1377 (11th Cir. 2020) (explaining "the fate" of a "non-IFP prisoner" who "fails to pay the filing fee up front" is "dismissal without prejudice"); Castro v. Dir., F.D.I.C., 449 F. App'x 786, 788 (11th Cir. 2011) ("Parties instituting a civil action in district court are required to pay filing fees, and each district court, by local rule, may require advance payment of such fees."). In addition, Petitioner did not sign his All Writs Petition. See Petition [ECF No. 1]. This action, as a result, is not properly before the Court. See Fed. R. Civ. P. 11(a) ("Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name--or by a party personally if the party is unrepresented."); S.D. Fla. Loc. R. 88.2 (showing pro se prisoner litigation generally requires pleadings to be signed under penalty of perjury). Accordingly, because this action was in violation of the Federal Rules of Civil Procedure and this Court's Local Rules, it is DISMISSED without prejudice to Petitioner filing a new action in the future. The Clerk's Office is INSTRUCTED to close this case. Signed by Judge Rodolfo A. Ruiz, II (bca)
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| Filing 3 Clerk's Notice of Filing Deficiency Re: #1 Petition (Complaint) for Writ of Mandamus/Petition for All Writs filed by Wallace Miller. Case not filed with required filing fees of $ _402.00_ (civil cases= $ 402.00) pursuant to 28 U.S.C. 1914(a), and the CM/ECF Administrative Procedures. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. (kpe) |
| Filing 1 Petition (Complaint) for Writ of Mandamus/Petition for All Writs against The State of Florida Attorney General, filed by Wallace Miller. Filing fee $ 402.00. NOT PAID/NO IFP FILED. (Attachments: #1 Appendix)(kpe) |
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| Plaintiff: Wallace Miller | |
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| Defendant: The State of Florida Attorney General | |
| Represented By: | Noticing 2254 SAG Broward and North |
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