Montgomery v. Secretary of F.D.O.C.
| ERIC MONTGOMERY |
| Secretary of F.D.O.C. |
| 0:2024cv61642 |
| September 5, 2024 |
| U.S. District Court for the Southern District of Florida |
| Ft Lauderdale Office |
| Rodney Smith |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 18, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 24 NOTICE of filing six month account statement by Eric Montgomery re #18 MOTION for Leave to Proceed in forma pauperis. (ebz) |
| Filing 23 NOTICE of Filing Transcripts by Secretary of F.D.O.C. (Attachments: #1 Transcripts A.1 TRIAL TRANSCRIPTS_Redacted, #2 Transcripts A.2 TRIAL TRANSCRIPTS_Redacted, #3 Transcripts B COMPETENCY TRANSCRIPT, #4 Transcripts C SEQUESTRATION TRANSCRIPT) (Warner, Lindsay) |
| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE by Secretary of F.D.O.C.. (Attachments: #1 Appendix Appx_Vol1_Exh1-34_Montgomery_Redacted, #2 Appendix Appx_Vol2_Exh35-61_Montgomery_Redacted, #3 Appendix Appx_Vol3_Exh62-69_Montgomery_Redacted)(Warner, Lindsay) |
| Filing 21 RESPONSE TO ORDER TO SHOW CAUSE by Secretary of F.D.O.C.. (Warner, Lindsay) |
Filing 20
ORDER denying #17 Motion/Request for a copy of the Local Rules for the Southern District of Florida. Signed by Judge Rodney Smith on 9/30/2024. See attached document for full details. (ls)
|
|
Filing 19
PAPERLESS ORDER granting #18 Motion for Leave to Proceed in forma pauperis. Granting to the extent that the plaintiff need not prepay even a partial filing fee in this case, or to prepay costs such as for service of process. USM Service NOT Ordered. Signed by Judge Rodney Smith on 9/30/2024. (jb01)
|
| Filing 18 MOTION for Leave to Proceed in forma pauperis by Eric Montgomery. (ls) |
| Filing 17 MOTION for a copy of the Local Rules for the Southern District of Florida by Eric Montgomery. (Address Updated) (ebz) |
| Filing 16 NOTICE of Attorney Appearance by Lindsay Ayn Warner on behalf of RICKY DIXON. Attorney Lindsay Ayn Warner added to party RICKY DIXON(pty:dft). (Warner, Lindsay) |
| Filing 15 CLERK'S NOTICE of Compliance. Mailed a copy of #14 Order Requiring Payment of Filing Fee or Filing IFP Motion and approved form motion to proceed in forma pauperis to ERIC MONTGOMERY. (ebz) |
|
Filing 14
ORDER REQUIRING PAYMENT OF FILING FEE OR FILING OF MOTION TO PROCEED IFP WITH DETAILED AFFIDAVIT. Filing Fee due by 9/30/2024. Motions due by 9/30/2024. Signed by Judge Rodney Smith on 9/9/2024. See attached document for full details. (ebz)
|
|
Filing 13
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Rodney Smith on 9/9/2024. See attached document for full details. (ebz)
|
|
Filing 12
ORDER TO SHOW CAUSE 28 U.S.C. 2254. Signed by Judge Rodney Smith on 9/9/2024. See attached document for full details. (ebz)
|
| Filing 11 Clerks Notice of Judge Assignment to Judge Rodney Smith. (jua) |
| Filing 10 Case transferred in from Florida Northern; Case Number 1:24-cv-00122. Electronic file including transfer order and docket sheet received. .(jua). |
| Filing 9 Interdistrict Transfer to the Southern District of Florida Miami Division located at Wilkie D. Ferguson, Jr. U.S. Courthouse, 400 North Miami Avenue, Room 8N09 Miami, FL 33128. (kdm) |
|
Filing 8
ORDER ADOPTING #4 REPORT AND RECOMMENDATION. Signed by JUDGE ALLEN C WINSOR on 9/3/2024. The clerk will take appropriate steps to transfer this case to the United States District Court for the Southern District of Florida. The clerk will then close the file. (kdm)
|
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: #4 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus - Objections due 8/22/2024. (***None filed to date.***) (kdm) |
| Filing 7 NOTICE of Submitting Service Copy to Court re #1 Petition for Writ of Habeas Corpus by ERIC MONTGOMERY. (***Please note pleading was received in NDFL on July 30, 2024 and prematurely mailed to the SDFL. SDFL mailed it back and was again received and filed in NDFL on August 21, 2024.***) (kdm) |
| Filing 6 Prisoner Trust Fund Account Statement and Cover Letter re #2 MOTION for Leave to Proceed in forma pauperis by ERIC MONTGOMERY. (***Please note pleading was received in NDFL on July 30, 2024 and prematurely mailed to the SDFL. SDFL mailed it back and was again received and filed in NDFL on August 21, 2024.***) (kdm) Modified security on 9/5/2024 (jua). |
| Filing 5 DOCKET ANNOTATION BY COURT: Re #1 Petition for Writ of Habeas Corpus - ***Was advised by Case Administration in the Southern District of Florida (SDFL) that they prematurely received Mr. Montgomery's duplicate copy of his 2254 Petition along with two cover letters, a copy of his Trust Fund Account Statement, and the Northern District of Florida (Gainesville) court's docket sheet that was mailed to them from the GV Clerk's Office. SDFL Case Administrator advised via telephone conversation and a email follow-up that they will be mailing back all the pleadings to GV for review pending the transfer deadline of 8/22/2024 per #4 REPORT AND RECOMMENDATION TO TRANSFER #1 HABEAS CORPUS PETITION.*** (kdm) |
| Filing 4 REPORT AND RECOMMENDATION TO TRANSFER #1 HABEAS CORPUS PETITION. Accordingly, it is respectfully RECOMMENDED that the case file, including any service copies and pending motions, be TRANSFERRED to the United States District Court for the Southern District of Florida, for all further proceedings. R&R flag set. Internal deadline for referral to district judge if objections are not filed earlier: 8/22/2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 7/25/2024. (rcb) |
| Filing 3 Notice to Pro Se. Mailed to: ERIC MONTGOMERY, L31379, FLORIDA STATE PRISON, PO BOX 800, RAIFORD, FL 32083. (kdm) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by ERIC MONTGOMERY. (kdm) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by ERIC MONTGOMERY. (One (1) service copy received, no fee paid, motion for IFP received.) (Attachments: #1 Appendix in Support, #2 Exhibit D Sealed, #3 Exhibit E Sealed, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H, #7 Exhibit I, #8 Exhibit J, #9 Exhibit K Sealed, #10 Exhibit L, #11 Exhibit M, #12 Exhibit N, #13 Exhibit O, #14 Exhibit P) (kdm) (***Exhibits D, E, and K are sealed - contains medical and minor child information.***) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #1 Petition for Writ of Habeas Corpus (One (1) service copy received, no fee paid, motion for IFP received), #2 MOTION for Leave to Proceed in forma pauperis. Referred to MARTIN A FITZPATRICK. (kdm) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Montgomery v. Secretary of F.D.O.C. | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: ERIC MONTGOMERY | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Secretary of F.D.O.C. | |
| Represented By: | Lindsay Ayn Warner |
| Represented By: | Noticing 2254 SAG Broward and North |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
