Rodriguez Mendoza v. Acting Field Director et al
| Jesus Enrique Rodriguez Mendoza |
| Acting Field Director and Krome Processing Center |
| 1:2018cv24238 |
| October 15, 2018 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Patrick A White |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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Filing 15
SECOND ORDER TO AMEND AND ORDER STRIKING #14 Amended Complaint filed by Jesus Enrique Rodriguez Mendoza. On or before December 21, 2018, the petitioner shall file an amended 2241 motion. ( Amended Complaint due by 12/21/2018 ) Signed by Magistrate Judge Patrick A. White on 12/7/2018. See attached document for full details. (Attachments: #1 2241 Complaint Form) (fbn)
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| Filing 14 STRICKEN PER DE#15 AMENDED Petition For Writ of Habeas Corpus against Acting Field Director, Krome Processing Center filed in response to Order Granting Motion for Leave, filed by Jesus Enrique Rodriguez Mendoza.(vmz) Modified on 12/7/2018 (fbn). |
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Filing 13
PAPERLESS ORDER denying in part and granting in part #11 Motion for Leave to File. To the extent Petitioner seeks leave of court to submit an amended complaint, the motion is DENIED since the matter is moot. This Court previously ordered Plaintiff to submit an amended complaint that comports with the Rules. Plaintiff also claims the attached amended complaint is a "draft." Accordingly, this Court construes the motion as a request for extension of time to file an amended complaint, which comports with the Rules. To that extent, the motion is GRANTED. Any amended complaint submitted after the date of this order will supersede all prior complaints. Only one operative complaint is permissible. This Court will not tolerate piecemeal litigation. Failure to comply with court orders will likely result in dismissal of the instant action. Plaintiff must submit an amended complaint on or before December 7, 2018. It is so ORDERED. Signed by Magistrate Judge Patrick A. White on 11/20/2018. (ltl)
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| Filing 12 MOTION for Preliminary Injunctive Relief by Jesus Enrique Rodriguez Mendoza. (vmz) |
| Filing 11 MOTION/Letter for Leave to File Amended Habeas Corpus by Jesus Enrique Rodriguez Mendoza. (Attachments: #1 Amended Petition for Writ of Habeas Corpus)(mc) |
| Filing 10 Clerks Notice of Receipt of Filing Fee received on 11/13/2018 in the amount of $ 5.00, receipt number FLS100175821. (vt) |
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Filing 9
ORDER FOR AMENDED PETITION ON REQUIRED FORM SECTION 2241 AND STRIKING #1 AS AN IMPROPER FILING. On or before November 16, 2018, Petitioner shall file an amended petition, on the proper form, setting forth each ground for relief, with sufficient supporting facts. ( Amended Complaint due by 11/16/2018 ) Signed by Magistrate Judge Patrick A. White on 10/24/2018. See attached document for full details. (Attachments: #1 2241 Complaint Form) (fbn)
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Filing 8
ORDER REQUIRING PAYMENT OF FILING FEE OR FILING OF MOTION TO PROCEED IFP WITH DETAILED AFFIDAVIT. Filing Fee due by 11/16/2018. Motions due by 11/16/2018. Signed by Magistrate Judge Patrick A. White on 10/24/2018. See attached document for full details. (Attachments: #1 IFP Form) (fbn)
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Filing 7
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Patrick A. White on 10/24/2018. See attached document for full details. (fbn)
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Filing 6
PAPERLESS ORDER denying #3 Motion to Expedite pursuant to 28 U.S.C. 1657. Petitioner has not shown good cause to expedite a ruling on his petition for habeas relief to the detriment of petitions filed prior to the filing of his petition. He has not shown that the factual context of his case indicates that his requested expedited consideration has merit. He simply challenges the length of his detention as violative of Zadvydas v. Davis, 533 U.S. 678, 698-701 (2001). Such a request and attack differs little from the vast majority of habeas petitions filed with this Court. The Court will address petitioner's writ of habeas corpus in due course. Accordingly, Petitioner's Motion is DENIED without prejudice. Signed by Magistrate Judge Patrick A. White on 10/24/2018. (ltl)
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Filing 5
PAPERLESS ORDER denying #4 Motion for Hearing. This Court liberally construes Plaintiff's motion as a request for an evidentiary hearing in order to present arguments in support of his petition for habeas relief. At this juncture, it is premature to grant a hearing on this matter. Plaintiff's habeas petition will be reviewed in turn. If this Court deems that an evidentiary hearing is warranted, the Court will schedule a hearing accordingly. Therefore, for the reasons stated herein, Plaintiff's Motion for Hearing is DENIED without prejudice. Signed by Magistrate Judge Patrick A. White on 10/24/2018. (ltl)
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| Filing 4 MOTION Requesting Oral Arguments by Jesus Enrique Rodriguez Mendoza. (kpe) Modified text on 10/16/2018 (fbn). |
| Filing 3 MOTION for Expedited Consideration re #1 Petition (Complaint) for Writ of Habeas Corpus by Jesus Enrique Rodriguez Mendoza. (kpe) Modified text on 10/16/2018 (fbn). |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr 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 STRICKEN PER DE#9 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241, filed by Jesus Enrique Rodriguez Mendoza. Filing fee $ 5.00. NOT PAID/ NO IFP FILED. (Attachments: #1 Table of Contents, #2 Exhibit)(kpe) Modified on 10/16/2018 (fbn). Modified text on 10/25/2018 (fbn). |
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