McKaufman v. Coker
| Carlus McKaufman |
| Jimmy Coker |
| 1:2018cv24824 |
| November 16, 2018 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Patrick A White |
| Kathleen M Williams |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Filing 14 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) - 2019-2 to Magistrate Judge Lisette Marie Reid. Magistrate Judge Patrick A. White no longer assigned to case. (jmd) |
Filing 13
SUA SPONTE PAPERLESS ORDER GRANTING PETITIONER PAUPER STATUS FOR THE PURPOSE OF THIS CASE. The undersigned has reviewed petitioner's documentation, including the required trust statement; it shows that petitioner is unable to pay the $5.00 fee. Thus, petitioner is not required to pay said fee. Signed by Magistrate Judge Patrick A. White on 12/6/2018. (js04)
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Filing 12
PAPERLESS ORDER denying, in part, #11 Motion for Reconsideration. Petitioner asks the court to reconsider its order denying, without prejudice, his motion for leave to proceed in forma pauperis ("IFP"). He reasons that he had submitted to prison officials for mailing the trust statement that was missing from his IFP motion before he received the court's order denying, without prejudice, his IFP motion. However, petitioner submitted his IFP motion on the court-provided form, which expressly states that the trust statement is required. Therefore, petitioner should have included the trust statement with his IFP motion as the court-provided form instructs. Therefore, the court properly denied, without prejudice, his IFP motion. However, the court has reviewed the subsequently submitted trust statement and agrees that petitioner has demonstrated that he is a pauper who is unable to pay the $5.00 filing fee. Therefore, by separate sua sponte order, the court will grant him pauper status for the purposes of this case. Signed by Magistrate Judge Patrick A. White on 12/6/2018. (js04)
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| Filing 10 NOTICE of Change of Address by Carlus McKaufman (system update) (cqs) |
| Filing 11 MOTION for Reconsideration re #7 Order on Motion for Leave to Proceed in forma pauperis,, by Carlus McKaufman. (cqs) |
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Filing 9
PAPERLESS ORDER denying #8 Motion to Amend/Correct. The court denies petitioner's motion for leave to amend. Petitioner's 2254 petition is a lengthy document that contains an inordinately high eleven claims. See, e.g., Davila v. Davis, 137 S. Ct. 2058, 2067 (2017). Nevertheless, petitioner seeks to assert two additional claims and asks the court to give him 60 extra days to do so. Yet petitioner has not adequately explained why he failed to present these two claims in his original petition. Indeed, petitioner has not even identified the claims. Notably, the court has already ordered the state to show cause. In these circumstances, it would be unduly burdensome for the state, and interfere with the effective and efficient administration of justice, to allow petitioner to file an amended petition and then order the state to respond to the two new unidentified claims that petitioner seeks to present. Furthermore, petitioner contends that he made an error in his original petition in calculating the date when certain state proceedings were concluded. However, the alleged error is in the nature of a legal error, and the court is capable of making its own legal determinations. Accordingly, the court denies petitioner's motion for leave to amend. Signed by Magistrate Judge Patrick A. White on 12/3/2018. (js04)
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| Filing 8 MOTION to Amend/Correct #1 Application/Petition (Complaint) for Writ of Habeas Corpus by Carlus McKaufman. Responses due by 12/14/2018 (cqs) |
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Filing 7
ORDER denying #3 Motion for Leave to Proceed in forma pauperis. On or before December 17, 2018, Petitioner shall either pay the Clerks filing fee of $5.00 or, in the alternative, file a new IFP motion with supporting financial affidavit upon the form provided with this Order, together with a prison account statement showing Petitioner's past six months of financial transactions. Responses due by 12/17/2018 Signed by Magistrate Judge Patrick A. White on 11/20/2018. See attached document for full details. (Attachments: #1 IFP Form) (fbn)
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Filing 6
ORDER TO SHOW CAUSE 28 U.S.C. 2254 on or before forty-five days from the date of this order the respondent shall file a memorandum of fact and law to show cause why this petition should not be granted. Signed by Magistrate Judge Patrick A. White on 11/20/2018. See attached document for full details. (fbn)
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Filing 5
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Patrick A. White on 11/20/2018. See attached document for full details. (fbn)
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Filing 4
PAPERLESS ORDER TO CLERK TO REDESIGNATE THIS CASE AS A PETITION FOR WRIT OF HABEAS CORPUS BROUGHT UNDER 28 U.S.C. 2254. Petitioner purported to file the instant petition under 28 U.S.C. 2241. However, he is a state inmate, and he attacks the constitutionality of his conviction in Miami-Dade County Case No. F11002920. Therefore, the matter is properly brought under 2254. See 28 U.S.C. 2254(a). Signed by Magistrate Judge Patrick A. White on 11/20/2018. (js04)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Carlus McKaufman. (jas) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams 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. 2241. Filing fee $ 5.00. IFP Filed, filed by Carlus McKaufman. (jas) |
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| Defendant: Jimmy Coker | |
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| Plaintiff: Carlus McKaufman | |
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