Ruiz v. Department of Corrections
| Alberto Ruiz |
| Department of Corrections |
| 1:2017cv23745 |
| October 13, 2017 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| Paul C Huck |
| Patrick A White |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
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This docket was last retrieved on October 13, 2017. A more recent docket listing may be available from PACER.
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Filing 8
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Patrick A. White on 10/13/2017. (fbn)
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Filing 7
ORDER TO FILE AMENDED 2254 PETITION ON PROPER FORM on or before November 13, 2017, the petitioner shall file one final amended habeas petition, on the proper form provided, which will be become the operative petition. The petitioner is reminded that his final amended petition with incorporated memorandum of law, shall not exceed 20-pages, as noted previously in this order. Signed by Magistrate Judge Patrick A. White on 10/13/2017. (Attachments: #1 2254 Complaint Form) (fbn)
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Filing 6
PAPERLESS ORDER finding as follows:(1) granting petitioner's #4 Motion for Leave to Proceed in forma pauperis. USM Service NOT Ordered; and, (2) denying petitioner's #5 Motion to Appoint Counsel. Under 28 U.S.C. 2254(h), the Court has authority to appoint counsel in habeas corpus proceedings brought pursuant to 28 U.S.C. 2254. However, such requests are discretionary with the courts, and appointment of counsel is a privilege that is justified only by exceptional circumstances[.] Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir.1992) (quoting Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir.1987)). Moreover, [i]n a habeas corpus action in federal court[,] there is no requirement that counsel be appointed unless appointment of counsel is necessary to due process. Norris v. Wainwright, 588 F.2d 130, 133 (5th Cir.1979) (citations omitted). At this juncture, petitioner has not demonstrated exceptional circumstances warranting the appointment of counsel. To the extent the motion requests that an evidentiary hearing be held, it is denied as premature. If, upon review of the states response with supporting state court documents, it is determined that a hearing is required, at that time counsel will be appointed and a hearing scheduled. Therefore, the petitioners motion is hereby DENIED in its entirety. Signed by Magistrate Judge Patrick A. White on 10/13/2017. (nn)
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| Filing 5 MOTION to Appoint Counsel by Alberto Ruiz. Responses due by 10/27/2017 (kpe) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Alberto Ruiz. (kpe) |
| Filing 3 MEMORANDUM of Law in Support re #1 Application/Petition (Complaint) for Writ of Habeas Corpus by Alberto Ruiz. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Senior Judge Paul C. Huck and Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (kpe) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. Filing fee $ 5.00. IFP Filed, filed by Alberto Ruiz. (Attachments: #1 Appendix)(kpe) |
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| Plaintiff: Alberto Ruiz | |
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| Defendant: Department of Corrections | |
| Represented By: | Noticing 2254 SAG Miami-Dade/Monroe |
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