Rosa v. Levenson
Charlene Walker Rosa and Charlene Terry-Ann Walker Rosa |
Jeffrey Levenson |
0:2021cv61478 |
July 21, 2021 |
US District Court for the Southern District of Florida |
Robert N Scola |
Mandamus & Other |
28 U.S.C. ยง 1361 |
None |
Docket Report
This docket was last retrieved on September 3, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 15 CLERK'S NOTICE of Compliance with 14 Order on Motion for Leave to Appeal in forma pauperis by mailing a copy of the Order to the Petitioner. (wc) |
Filing 14 PAPERLESS ORDER denying #7 motion for certificate of appealability and #11 motion for leave to appeal in forma pauperis. The Petitioner seeks a certificate of appealability of the Court's #4 Order of dismissal, the Court denies this request. Because dismissal was for lack of subject matter jurisdiction, the Petitioner need not obtain a certificate of appealability. A dismissal for lack of subject matter jurisdiction is not a final order in a habeas corpus proceeding within the meaning of 28 U.S.C. 2253(c). Bowles v. Sec'y, Fla. Dep't of Corr., 935 F.3d 1176, 1180 n.1 (11th Cir. 2019) (quoting Hubbard v. Campbell, 379 F.3d 1245, 1247 (11th Cir. 2004)). The Petitioner also seeks leave to proceed in forma pauperis on appeal. Although the motion shows an inability to pay the appellate filing fee, upon careful review of the record, the Court certifies that the appeal is not taken in good faith. See Fed. R. App. P. 24(a)(3)(A). The Clerk is directed to MAIL a copy of this Order to the Petitioner. Signed by Judge Robert N. Scola, Jr (crn) |
Filing 13 NOTICE to the Clerk by Charlene Walker Rosa re #11 MOTION for Leave to Appeal in forma pauperis. (apz) |
Filing 12 TRANSCRIPT INFORMATION FORM by Charlene Walker Rosa re 8 Notice of Appeal. No Transcript Requested. (hh) |
Filing 10 Acknowledgment of Receipt of NOA from USCA re 8 Notice of Appeal, filed by Charlene Walker Rosa. Date received by USCA: 8/12/21. USCA Case Number: 21-12771-C. (hh) |
Filing 11 MOTION for Leave to Appeal in forma pauperis and Affidavit by Charlene Walker Rosa. (apz) |
Filing 9 CLERK'S NOTICE of Mailing Pro Se Instructions as to Charlene Walker Rosa re 8 Notice of Appeal (hh) |
Filing 8 Notice of Appeal by Charlene Walker Rosa as to #4 Order Dismissing Case. Filing fee $ 505.00 Receipt#: FEE NOT PAID. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (see image de#7 ) (hh) |
Filing 7 MOTION for Certificate of Appealability by Charlene Walker Rosa. Responses due by 8/26/2021 (hh) Terminated motion per DE# 14 on 9/3/2021 (wc). |
Filing 6 NOTICE to the Clerk by Charlene Walker Rosa (hh) |
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 8 Notice of Appeal. Notice has been electronically mailed. (hh) |
Filing 5 CLERK'S NOTICE of compliance re #4 Order Dismissing Case. Copy of Order mailed to Petitioner. (daa) |
Filing 4 ORDER DISMISSING CASE. The Court dismisses the Petition (ECF No. #1 ) for lack of jurisdiction. The Clerk shall close this case and mail a copy of this order to the Petitioner. All pending motions are denied as moot. Signed by Judge Robert N. Scola, Jr on 7/26/2021. See attached document for full details. (daa) |
Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. (daa) |
Filing 3 MOTION for Leave to Proceed in forma pauperis by Charlene Walker Rosa. (daa) |
Filing 1 Petition (Complaint) for Writ of Mandamus against Jeffrey Levenson. Filing fee $ 402.00. IFP Filed, filed by Charlene Walker Rosa.(daa) |
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