Wilson v. Secretary, Florida Department of Corrections
| John J. Wilson, Jr. |
| Secretary, Florida Department of Corrections |
| 1:2019cv23173 |
| August 1, 2019 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Lisette M Reid |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 12
PAPERLESS ORDER granting in part and denying in part #10 Motion for Clarification; granting in part and denying in part #11 Motion for Extension of Time. Petitioner has previously been ordered to agree to the recharacterization of his motion as one brought pursuant to 28 U.S.C section 2254. He has filed a motion seeking clarification. It is unclear from this motion whether Petitioner objects to the reclassification. As will be recalled, by Petitioner's own admission, he previously filed a civil rights suit, assigned Case No. 16-23511-CV-Cooke, which was dismissed. By separate order, the court noted that Petitioner's filing, to the extent it could be construed as a habeas petition, needed to be opened as a separate case, and no further filing in the civil action case would be considered. See 16CV23511 91 . Petitioner was thus ordered to either agree to the petition's characterization as his first 2254 petition and file an amendment raising all issues on or before September 2, 2019, together with an application to proceed in forma pauperis. Petitioner has not done so.To the extent Petitioner seeks an extension of time to comply with this court's prior orders, the motion for extension is GRANTED. Petitioner shall file an application to proceed in forma pauperis and a notice with the court agreeing to the recharacterization of this habeas petition or seeking dismissal thereof on or before OCTOBER 10, 2019. If Petitioner agrees to the recharacterization, filing an amended petition on the proper form by the October 10, 2019 deadline. No further extensions will be granted absent extraordinary circumstances which may require a show cause hearing. Signed by Magistrate Judge Lisette M. Reid on 9/9/2019. (nn)
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| Filing 11 MOTION for Extension of Time and Request for Court Order to "Access-The Court" from Petitioner's current Correctional Institution by John J. Wilson, Jr. Responses due by 9/19/2019 (ebz) |
| Filing 10 NOTICE of Error and MOTION for clarification of the record/Petitioner never being on Probation re 7 Order on Motion for Leave to Proceed in forma pauperis, by John J. Wilson, Jr. Responses due by 9/19/2019 (ebz) |
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Filing 9
PAPERLESS ORDER re #8 Notice (Other) filed by John J. Wilson, Jr., advising Petitioner that, a new habeas corpus proceeding, pursuant to 28 USC 2254, has been opened, in which Petitioner appears to be attacking the constitutionality of his conviction and sentence for burglary and related offenses entered in Miami-Dade County Circuit Court, Case No. F15-001083. The prior filing, 16-63511 is a civil rights action against a court reporting agency and other defendants. This action is a federal petition for writ of habeas corpus. The petitioner has previously been provided with a Castro Order whether he agrees to the recharacterization of his filing as one brought pursuant to section 2254, and if so, to file an amendment on or before September 2, 2019. Petitioner is reminded that the date for agreement is fast approaching. Failure to comply with this court's orders may result in dismissal of his case. Signed by Magistrate Judge Lisette M. Reid on 8/25/2019. (nn)
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| Filing 8 NOTICE/MOTION to Ensure Instant Petition and All Supporting Evidence Filed as Exhibit has been properly Docketed, pursuant to Court Order, See DE 92, Case No. 1:16-cv-23511-MGC by John J. Wilson, Jr (mc) |
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Filing 7
PAPERLESS ORDER granting #6 Motion for Leave to Proceed in forma pauperis. Granted as this is a challenge to a violation of probation conviction filed as a federal habeas corpus petition under 28 U.S.C. 2254 in which the $5.00 fee is waived for those prisoners who meet the pauper status. USM Service NOT Ordered. Signed by Magistrate Judge Lisette M. Reid on 8/21/2019. (nn)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis by John J. Wilson, Jr. (Attachments: #1 Florida Department of Corrections Trust Fund Account Statement)(ebz) |
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Filing 5
ORDER TO PETITIONER RE: RECHARACTERIZATION OF FILING TO BE CONSTRUED AS A PETITION FOR A WRIT OF HABEAS CORPUS PURSUANT 28 U.S.C. 2254 on or before September 2, 2019., ( Amended Complaint due by 9/2/2019.) Signed by Magistrate Judge Lisette M. Reid on 8/2/2019. See attached document for full details. (Attachments: #1 2254 Complaint Form) (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 9/2/2019. Motions due by 9/2/2019. Signed by Magistrate Judge Lisette M. Reid on 8/2/2019. 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 8/2/2019. See attached document for full details. (fbn)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke 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. (vjk) |
| 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 John J. Wilson, Jr. (Attachments: #1 Exhibit Addendum A, #2 Exhibit Addendum B, #3 Exhibit Addendum C, #4 Exhibit Discovery Exhibit 1, #5 Exhibit Discovery Exhibit 2, #6 Exhibit Discovery Exhibit 3, #7 Exhibit Discovery Exhibit 4, #8 Exhibit Discovery Exhibit 5, #9 Exhibit Discovery Exhibit 6, #10 Exhibit Discovery Exhibit 7, #11 Exhibit Newly Filed Record Evidence of Plaintiff's False Imprisonment and Malicious Prosecution, through the Falsification and/or Omission of Official Court Records, #12 Exhibit Plaintiff's "malicious prosecution and false imprisonment" based on criminal complaint filed with Securities and Exchange Commission, #13 Exhibit New Evidence of Fraud Perpetuated by State Attorney Failed to be Recognized as Licensed Member of the Florida Bar)(vjk) |
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| Defendant: Secretary, Florida Department of Corrections | |
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| Plaintiff: John J. Wilson, Jr. | |
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