Davis v. Inch et al
| Phillip Davis |
| Mark Inch and Secretary, Florida Dept of Corrections |
| 1:2019cv20858 |
| March 5, 2019 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Lisette M Reid |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 15
PAPERLESS ORDER granting in part and denying in part #14 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Re: #10 Amended Complaint filed by Phillip Davis. The respondent was previously given 45 days to file a response to this court's show cause order, more than called for under the local and federal rules. The respondent seeks an addition 60 days to file its response. The respondent has not shown good cause to warrant an additional 60-day extension of time. The court is not unmindful of the fact that the respondent has a busy calendar. However, the court finds that extending the time to file a response to on or before May 23, 2019 is more than sufficient. Therefore, to the extent the respondent seeks a 60-day extension, the motion is DENIED. The respondent shall ensure that its response with supporting appendix is filed on or before the May 23, 2019 deadline, and that it is in compliance with this court's show cause order. Failure to comply with the court's order may result in the response being stricken and a show cause hearing being scheduled. Responses due by 5/23/2019 Signed by Magistrate Judge Lisette M. Reid on 4/16/2019. (nn)
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| Filing 14 First MOTION for Extension of Time to File Response/Reply/Answer by Secretary, Florida Dept of Corrections. (Llanes, David) |
| Filing 13 NOTICE of Attorney Appearance by David Llanes on behalf of Secretary, Florida Dept of Corrections. Attorney David Llanes added to party Secretary, Florida Dept of Corrections(pty:dft). (Llanes, David) |
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Filing 12
PAPERLESS ORDER denying #11 Motion for release on bond. While a federal Court has power to grant bail pending determination of a habeas corpus petition; Gomez v. United States, 899 F.2d 1124 (11 Cir. 1990), In re Louie L. Wainwright, 518 F.2d 173 (5 Cir. 1975), a prisoner seeking such release must show either 1) that there is a likelihood of success on the merits of a substantial constitutional claim; or 2) that extraordinary and exceptional circumstances exist which make the grant of bail necessary to preserve the effectiveness of the habeas corpus relief sought. Gomez v. United States, 899 F.2d at 1125; Calley v. Callaway, 496 F.2d 701, 702 (5 Cir. 1974). Petitioner has not met this burden at this time. Signed by Magistrate Judge Lisette M. Reid on 4/2/2019. (nn)
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| Filing 11 MOTION for Bail by Phillip Davis. (jas) |
| Filing 10 AMENDED PETITION/COMPLAINT against Secretary, Florida Dept of Corrections filed in response to Order Granting Motion for Leave, filed by Phillip Davis.(lh) |
| Filing 9 MOTION to Amend/ Correct Application/Petition (Complaint) for Writ of Habeas Corpus by Phillip Davis. Responses due by 4/8/2019 (fbn) |
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Filing 8
PAPERLESS ORDER granting #7 Motion to Amend/Correct, subject to the application of the relation back doctrine and other procedural defenses which may apply. The amended habeas petition shall be the sole operative petition for this court's consideration. In that respect, the respondent is hereby directed to file a response to the amended petition (DE#7) and not the original petition (DE#1) in the form and substance previously set by the court in its show cause order. The Clerk is hereby directed to refile the amendment attached to the motion to amend as a separate docket entry in this case. Signed by Magistrate Judge Lisette M. Reid on 3/25/2019. (nn)
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| Filing 7 MOTION to Amend #1 Application/Petition (Complaint) for Writ of Habeas Corpus by Phillip Davis. Responses due by 4/8/2019 (Attachments: #1 Amended Complaint)(vmz) |
| Filing 6 Clerks Notice of Receipt of Filing Fee received on 3/15/2019 in the amount of $ 5.00, receipt number FLS100183206. (vt) |
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Filing 5
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 Lisette M. Reid on 3/6/2019. See attached document for full details. (fbn)
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Filing 4
ORDER REQUIRING PAYMENT OF FILING FEE OR FILING OF MOTION TO PROCEED IFP WITH DETAILED AFFIDAVIT. Filing Fee due by 4/5/2019. Motions due by 4/5/2019. Signed by Magistrate Judge Lisette M. Reid on 3/6/2019. See attached document for full details. (Attachments: #1 IFP Form) (fbn)
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Filing 3
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Lisette M. Reid on 3/6/2019. See attached document for full details. (fbn)
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Magistrate Judge Lisette M. Reid. Pursuant to Administrative Order 2019-2, 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. (mee) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. Filing fee Not Paid, No IFP filed, filed by Phillip Davis.(mee) Modified text on 3/6/2019 (mr1). |
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