Elijah Bankston v. State of Florida
Plaintiff: Tommy Lee and Elijah Bankston
Defendant: State of Florida
Case Number: 0:2023cv62232
Filed: November 21, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Jose E Martinez
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 19, 2024 Filing 19 CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): State's Exhibit 4 in state court by Paul Patti, III on behalf of State of Florida (Patti, Paul)
January 19, 2024 Filing 18 NOTICE of Filing Transcripts & Exhibits by State of Florida re #15 Response to Order to Show Cause (Attachments: #1 Transcripts Nelson Hearing October 19, 2017, #2 Transcripts Nelson Hearing October 12, 2018, #3 Transcripts Nelson Hearing April 10, 2019, #4 Transcripts Trial, #5 Exhibit Trial Exhibits, #6 Transcripts Sentencing Hearing) (Patti, Paul)
January 19, 2024 Filing 17 APPENDIX to #15 Response to Order to Show Cause Entire Appendix by State of Florida (Attachments: #1 Appendix Whole Appendix Exhibits 1-61)(Patti, Paul)
January 19, 2024 Filing 16 APPENDIX to #15 Response to Order to Show Cause 300 Page Limit Split by State of Florida (Attachments: #1 Appendix Pages 1-300, #2 Appendix Pages 301-429)(Patti, Paul)
January 19, 2024 Filing 15 RESPONSE TO ORDER TO SHOW CAUSE re #4 Order to Show Cause by State of Florida. (Patti, Paul)
January 5, 2024 Filing 14 NOTICE by State of Florida re #12 Order on Motion to Seal, (Attachments: #1 Appendix A & B) (Patti, Paul)
January 5, 2024 Filing 13 CLERK'S NOTICE of Compliance by Sealing ECF No. 1 and mailing 28 U.S.C. 2254 Form to Plaintiff pursuant to DE #12 Order. (kpe)
January 4, 2024 Opinion or Order Filing 12 ORDER granting #10 Motion to Strike or Seal. The Clerk of Court is DIRECTED to STRIKE and SEAL the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254, (ECF No. 1.). Amended Complaint due by 2/5/2024. Signed by Judge Jose E. Martinez on 1/4/2024. See attached document for full details. (Attachments: #1 2254 Form) (kpe) Modified text on 1/5/2024 (kpe).
January 4, 2024 Opinion or Order Filing 11 PAPERLESS ORDER granting #9 Motion for Leave to File Exhibit Conventionally. Respondent may conventionally file with the Clerk of Court a DVD containing an audio recording pursuant to Local Rule 5.3(b)(3)(B). Signed by Judge Jose E. Martinez on 1/4/2024. (knu)
January 3, 2024 Filing 10 MOTION to Strike 1 Application/Petition (Complaint) for Writ of Habeas Corpus by State of Florida. Responses due by 1/17/2024 (Attachments: #1 Appendix Exhibit A)(Patti, Paul)
January 3, 2024 Filing 9 MOTION for Leave to File Exhibit Conventionally by State of Florida. (Patti, Paul)
December 28, 2023 Filing 8 NOTICE of Compliance to Courts Order to Show Cause 28 U.S.C. 2254 by Elijah Bankston re #4 Order to Show Cause (nan)
December 14, 2023 Filing 7 Clerks Notice of Receipt of Filing Fee received on 12/14/2023 in the amount of $ 5.00, receipt number FLS279645. (vt)
December 13, 2023 Filing 6 NOTICE of Attorney Appearance by Paul Patti, III on behalf of State of Florida. Attorney Paul Patti, III added to party State of Florida(pty:dft). (Patti, Paul)
December 8, 2023 Filing 5 NOTICE of Compliance re #4 Order to Show Cause, #3 Order, Set/Reset Deadlines. A copy of the Order and IFP Form were mailed to the Plaintiff. (nan)
December 7, 2023 Opinion or Order Filing 4 ORDER TO SHOW CAUSE 28 U.S.C. 2254. Signed by Judge Jose E. Martinez on 12/7/2023. See attached document for full details. (nan)
December 7, 2023 Opinion or Order Filing 3 ORDER REQUIRING FEE OR IFP MOTION. On or before Monday, January 8, 2024, Petitioner shall pay the Clerk's filing fee of $5.00 or, in the alternative, shall file a motion to proceed IFP on this Court's IFP form (Filing Fee due by 1/8/2024.) The Clerk is Directed to provide the Petitioner with this Court's IFP form. Petitioner is cautioned that his failure to comply with this Order may result in dismissal of this case without prejudice. Signed by Judge Jose E. Martinez on 12/7/2023. See attached document for full details. (nan).
November 21, 2023 SYSTEM ENTRY - Docket Entry 1 [cmp] restricted/sealed until further notice. (kpe)
November 21, 2023 Filing 2 Judge Assignment to Judge Jose E. Martinez (kma)

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Plaintiff: Tommy Lee
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Plaintiff: Elijah Bankston
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Defendant: State of Florida
Represented By: Noticing 2254 SAG Broward and North
Represented By: Paul Patti, III
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