Jones v. Secretary, Florida Department of Corrections et al
| Bobby Jones |
| Secretary, Florida Department of Corrections and Florida Attorney General |
| 1:2018cv24290 |
| October 16, 2018 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Patrick A White |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Set/Reset Deadlines/Hearings as per DE 12 : Objections to R&R due by 1/4/2019 (lk) |
Filing 12
PAPERLESS ORDER: The Court grants #11 Petitioner Bobby Jones's motion for extension of time. Jones must file his objections to Judge White's #8 Report and Recommendations on or before January 4, 2019. Signed by Judge Robert N. Scola, Jr. on 12/4/2018. (vgn)
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| Filing 11 MOTION for Extension of Time to File Response/Reply/Answer as to #8 REPORT AND RECOMMENDATIONS on 28 USC 2254 case re #1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Bobby Jones Recommending that this petition for habeas corpus relief be DISMISSED for lack of jurisdiction for failure of Petit by Bobby Jones. (lk) |
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Filing 10
PAPERLESS ORDER denying #9 Motion to Appoint Counsel. There is no constitutional right to counsel for post-conviction collateral attacks. See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987). Under Rule 8(c) of the Rules Governing Section 2254 Proceedings, [i]f an evidentiary hearing is warranted, the judge must appoint an attorney to represent a petitioner who qualifies for the appointment of counsel under 18 U.S.C. 3006A. This provision of the United States Code authorizes the appointment of counsel when the interests of justice so require and the petitioner is financially unable to obtain representation. In addition, Rule 8(c) explains that a judges authority to appoint counsel is not limited by the rules therein. Stated another way, if an evidentiary hearing is not required, the decision to appoint counsel in a Section 2254 proceeding is discretionary. See Vandenades v. United States, 523 F. 2d 1220, 1225 (5th Cir. 1975). See also Shepherd v. United States, 253 F. 3d 585, 587 (11th Cir. 2001) (showing that counsel must be appointed when an evidentiary hearing is warranted and failure to do so is not subject to harmless error analysis).At this juncture, there appears to be no need to appoint counsel. Accordingly, the motion to appoint counsel in this Section 2254 proceeding is DENIED without prejudice. Signed by Magistrate Judge Patrick A. White on 11/28/2018. (ltl)
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| Filing 9 MOTION for Appointment of Counsel by Bobby Jones. Responses due by 12/5/2018 (vmz) |
| Filing 8 REPORT AND RECOMMENDATIONS on 28 USC 2254 case re #1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Bobby Jones; Recommending that this petition for habeas corpus relief be DISMISSED for lack of jurisdiction for failure of Petitioner to obtain from the Eleventh Circuit Court of Appeals the authorization required by 28 U.S.C. 2244(b)(3). Petitioner will be provided with a form to apply for such authorization with this Report. Objections to R&R due by 12/4/2018. Signed by Magistrate Judge Patrick A. White on 11/20/2018. See attached document for full details. (fbn) (Additional attachment(s) added on 11/20/2018: #1 2254 Successive Form) (fbn). |
| Filing 7 NOTICE of filing state trial court docket to be made part of the instant habeas record. Clerk mailed a copy of all Exhibits to Petitioner. (Attachments: (Main Attachment) Online Trial Docket Case No: F-01-015137, #1 OTD# 304, #2 OTD# 305, #3 OTD# 311, #4 OTD# 321) (fbn) |
| Filing 6 Clerks Notice of Docket Correction. Document 5 Restricted Due to Error; The correct document has been attached to DE#7 . (fbn) Modified on 11/2/2018 (fbn). |
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Filing 4
Order of Directions To Clerk. Signed by Magistrate Judge Patrick A. White on 11/2/2018. See attached document for full details. (fbn)
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| Filing 3 NOTICE of Filing Initial Brief For Petition Under 28 USC 2254 for Writ of Habeas Corpus By a State Inmate In Custody by Bobby Jones re #1 Application/Petition (Complaint) for Writ of Habeas Corpus. (jas) |
| 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. (jas) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. Filing fee $ 5.00, Not Paid/No IFP, filed by Bobby Jones. (jas) (Attachment(s) #1 Exhibit) (jas). Modified on 10/17/2018 (jas). |
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