Wood v. Boncher
| Dale Scott Wood |
| Amy Boncher |
| 0:2023cv60755 |
| April 24, 2023 |
| US District Court for the Southern District of Florida |
| William P Dimitrouleas |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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| Document Text |
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| Filing 17 Corrected Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas pursuant to Transfer Order #13 . Judge Beth Bloom no longer assigned to case. (daa) |
| Filing 16 Clerks Notice of Judge Assignment to Judge Beth Bloom. (jua) |
| Filing 15 Case transferred in from Massachusetts; Case Number 1:22-cv-11436. Electronic file including transfer order and docket sheet received. .(jua). |
| Filing 14 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered re #12 Motion for Leave to Proceed in forma pauperis. Petitioner Dale Scott Wood has filed a motion for leave to proceed in forma pauperis. Wood has, however, already paid the filing fee. See Docket No. 5 . To the extent that Wood intended such motion to support his request for appointment of counsel, this Court has denied that request in Docket No. #13 . Accordingly, Woods motion for leave to proceed in forma pauperis is denied. (York, Steve) |
| Filing 13 Magistrate ORDER entered re #7 Motion to Dismiss and #11 Motion to Appoint Counsel. For the reasons stated in the attached order, this Court grants without prejudice Boncher's motion to dismiss with respect to all claims, with the exception of Wood's request for compassionate release. The Clerk of the Court is directed to transfer the case to the United States District Court for Southern District of Florida for assignment to Judge Dimitrouleas or another judge of that court to consider Wood's request for compassionate release. Also, for the reasons stated in the attached order, this Court denies without prejudice Wood's request for appointment of counsel at Docket No. #11 . (York, Steve) |
| Case transferred to to District of Southern District of Florida;. Original file with documents numbered 1 to 14, certified copy of transfer order and docket sheet sent to Clerk in that district. (York, Steve) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis by Dale Scott Wood.(York, Steve) |
| Filing 11 Petitioner's Response to #7 Motion to Dismiss and Request for appointment of attorney filed by Dale Scott Wood. (York, Steve) |
| Filing 10 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered. Respondent Amy Boncher filed a motion to dismiss petitioner Dale Wood's claim on October 11, 2022. Docket No. #7 . Wood's opposition to the motion was due fourteen days later, on or about October 25, 2022. To date, he has not filed an opposition nor sought an extension of time to do so. Because Wood is pro se, this Court will extend the deadline to November 25, 2022. Failure to file an opposition by that date may be grounds alone for dismissal of this case. Gozzo v. Wells Fargo Bank, N.A., No. CV 16-10499-LTS, 2016 WL 9488968, at *1 (D. Mass. May 4, 2016). (York, Steve) |
| Filing 9 CONSENT by all parties to Jurisdiction by US Magistrate Judge. (York, Steve) |
| Filing 8 MEMORANDUM in Support re #7 MOTION to Dismiss filed by Amy Boncher. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Canzoneri, Julian) |
| Filing 7 MOTION to Dismiss by Amy Boncher.(Canzoneri, Julian) |
| Filing 6 CONSENT by Dale Scott Wood to Jurisdiction by US Magistrate Judge. (York, Steve) |
| Filing 5 Filing fee/payment: $ 5.00, receipt number 100000410 for #1 Petition for Writ of Habeas Corpus (2241) (Phillips, Sophie) |
| Filing 4 NOTICE of Appearance by Julian N. Canzoneri on behalf of Amy Boncher (Canzoneri, Julian) |
| Filing 3 Magistrate Judge Jennifer C. Boal: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered for service of petition. Within twenty-one days, Petitioner shall either pay the filing fee or file a motion for leave to proceed in forma pauperis. The Respondent shall file an answer or other responsive pleading within twenty-one days of either (1) the Petitioner's payment of the $5.00 filing fee; or (2) this Court's granting of a motion to proceed in forma pauperis. See Order for further details. (Attachments: #1 consent forms)(PSSA, 4) |
| Filing 2 NOTICE of Case Assignment. Magistrate Judge Jennifer C. Boal assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) |
| Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Dale Scott Wood.(Castilla, Francis) |
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| Plaintiff: Dale Scott Wood | |
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| Defendant: Amy Boncher | |
| Represented By: | Noticing 2241/Bivens US Attorney |
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