Pinto v. Geter
| Yul Louis Pinto |
| L. Geter |
| 1:2019cv24576 |
| November 4, 2019 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Lisette M Reid |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on December 10, 2019. A more recent docket listing may be available from PACER.
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Filing 13
ORDER of DISMISSAL Dismissing Case without prejudice; Closing Case. Signed by Judge Beth Bloom on 12/10/2019. See attached document for full details. (ls)
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Filing 12
ORDER TO MOVANT RE RECHARACTERIZATION OF MOTION TO BE CONSTRUED AS A MOTION TO VACATE PURSUANT 28 U.S.C. 2255. Movant shall file an amended 2255 motion that complies with the applicable rules of procedure set forth in this order., ( Amended Complaint due by 12/2/2019.) Signed by Magistrate Judge Lisette M. Reid on 11/8/2019. See attached document for full details. (Attachments: #1 2255 Complaint Form) (fbn)
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Filing 11
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Lisette M. Reid on 11/8/2019. See attached document for full details. (fbn)
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Filing 10
PAPERLESS ORDER denying #3 Motion for Leave to Proceed in forma pauperis. Federal courts have an obligation to look behind the label of a motion filed by a pro se inmate and determine whether the motion is, in effect cognizable under a different remedial statutory framework. United States v. Jordan, 915 F.2d 622, 624-25 (11th Cir. 1990). This filing is more properly construed as a Motion to Vacate filed pursuant to 28 U.S.C. 2255. As such, no filing fee is required by the Court. Signed by Magistrate Judge Lisette M. Reid on 11/8/2019. (jgg)
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Filing 9
PAPERLESS Order to Vacate re 7 Order on Motion for Leave to Proceed in forma pauperis,, Signed by Magistrate Judge Lisette M. Reid on 11/8/2019. (fbn)
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Filing 8
PAPERLESS ORDER denying #4 Motion to Appoint Counsel without prejudice. "A civil litigant... has no absolute constitutional right to the appointment of counsel." Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987) (citations omitted). This rule applies to habeas corpus proceedings. See Arthur v. Allen, 452 F.3d 1234, 1249 (11th Cir. 2006) (citing Murray v. Giarratano, 492 U.S. 1, 10, 12 (1989)). "The appointment of counsel is instead a privilege that is justified only by exceptional circumstances, such as where the facts and legal issues are so novel or complex as to require the assistance of a trained practitioner." Poole, 819 F.2d at 1028 (citations omitted). Here, at this time, petitioner has not made this showing. Therefore, the court denies his motion without prejudice. Signed by Magistrate Judge Lisette M. Reid on 11/7/2019. (jgg)
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Filing 7
VACATED PER ECF # 9 PAPERLESS ORDER denying #3 Motion for Leave to Proceed in forma pauperis, without prejudice. Petitioner filed his motion to proceed in forma pauperis but failed to submit the supporting statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any institutional account in his name in accordance with Rule 3(a) of the Rules Governing 2254 Proceedings in the District Courts. Petitioner shall file a motion to proceed in forma pauperis, with the six-month account statement on or before November 22, 2019. Signed by Magistrate Judge Lisette M. Reid on 11/7/2019. (jgg) Modified on 11/8/2019 (fbn).
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| Filing 6 NOTICE of Withdrawal of Plea Re: Non-Statutory, Constitutional Writ of Habeas Corpus by Yul Louis Pinto (mc) |
| Filing 5 JUDICIAL NOTICE by Yul Louis Pinto (mc) |
| Filing 4 MOTION to Request Assistance of Counsel by Yul Louis Pinto. Responses due by 11/18/2019 (mc) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Yul Louis Pinto. (mc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom 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. (mc) |
| Filing 1 PETITION/MEMORANDUM of Law Original Constitutional Non-Statutory Habeas Corpus. Filing fee $ 5.00. IFP Filed, filed by Yul Louis Pinto. (Per Chambers' instructions to open a new case)(mc) |
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| Plaintiff: Yul Louis Pinto | |
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| Defendant: L. Geter | |
| Represented By: | Noticing 2241/Bivens US Attorney |
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