Anderson v. Florida Department of Corrections
| Cory Devon Anderson |
| Florida Department of Corrections |
| 2:2021cv14274 |
| July 7, 2021 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on August 23, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE re #8 Order to Show Cause by Florida Department of Corrections. (Attachments: #1 Transcripts Trial Transcript)(Acuna, Kimberly) |
| Filing 17 RESPONSE TO ORDER TO SHOW CAUSE re #8 Order to Show Cause by Florida Department of Corrections. (Attachments: #1 Appendix Index, #2 Appendix Exhibits 1-24)(Acuna, Kimberly) |
| Filing 16 Clerks Receipt for WRIT OF HABEAS CORPUS received on 8/2/2021 in the amount of $5.00, receipt number FLS100234002. (jcs) |
| Filing 15 CLERK'S NOTICE of Mailing re 14 Order on Motion for Reconsideration. (pes) |
Filing 14
ENDORSED ORDER DENYING MOTION FOR RECONSIDERATION #13 . "Reconsideration is an extraordinary remedy to be employed sparingly." Holland v. Florida, No. 06-20182-CIV-SEITZ, 2007 WL 9705926, at *1 (S.D. Fla. June 26, 2007) (citation and internal quotation marks omitted). "The only grounds for granting a motion for reconsideration 'are newly-discovered evidence or manifest errors of law or fact.'" United States v. Dean, No. 20-11603, 2020 WL 7655426, at *2 (11th Cir. Dec. 23, 2020) (quoting Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007) (per curiam)). A motion for reconsideration should raise new issues, not merely address issues litigated previously. Socialist Workers Party v. Leahy, 957 F. Supp. 1262, 1263 (S.D. Fla. 1997). "A party's disagreement with the court's decision, absent a showing of manifest error, is not sufficient to demonstrate entitlement to relief." Dean, 2020 WL 7655426, at *2 (citing Jacobs v. Tempur-Pedic Int'l, Inc., 626 F.3d 1327, 1344 (11th Cir. 2010)).Here, Petitioner contends that the Court "may have overlooked or misapprehended" the claims it dismissed on screening because they were "prematurely filed." ECF No. 13 at 2. In support, he contends that he filed the "wrong" habeas petition in this case. Id. Further, he asserts that he filed a "motion for stay and abeyance and/or voluntary dismissal" on July 15 when he realized this error. However, the Court's records do not reflect that such a motion has been filed. Notably, Petitioner mailed his motion for reconsideration on July 21 and it was docketed on July 26. Therefore, if Petitioner truly had mailed such a motion on July 15, the Court should have received it by now.Moreover, Petitioner's assertion that he did not intend to file the petition that the Court dismissed in part is unconvincing. The petition is a lengthy document that sets forth several claims, contains factual and legal discussion, and that is signed under penalty of perjury. Additionally, Petitioner has not shown in the motion for reconsideration that the Court would not have dismissed the claims that it dismissed on screening had Petitioner filed the petition that he supposedly intended to file. Petitioner has not discussed what claims he would have presented or explained how filing the putative petition would have changed the deficiencies in the claims that the Court dismissed. Accordingly, Petitioner has not shown any newly discovered evidence or manifest errors of law or fact warranting reconsideration. The Clerk is directed to MAIL a copy of this Order to Petitioner. Signed by Judge Marcia G. Cooke on 7/26/2021. (js05)
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| Filing 13 MOTION for Reconsideration re #11 Order on Motion for Leave to Proceed in forma pauperis, by Cory Devon Anderson. (jao) |
| Filing 12 CLERK'S NOTICE of compliance re #11 Order. Copy of Order and form mailed to Petitioner. (daa) |
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Filing 11
ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. The Motion (ECF No. #10 ) is DENIED without prejudice. Petitioner shall file a new IFP Motion on the Court-issued form. The form must be filled out completely and must be supported by a warden's certificate or inmate trust fund account statement. The new IFP must be docketed by August 20, 2021. The Clerk IS DIRECTED TO MAIL Petitioner a copy of the Court's short form IFP application together with this Order. Signed by Judge Marcia G. Cooke on 7/21/2021. See attached document for full details. (Attachments: #1 IFP Form) (daa)
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| Filing 10 MOTION for Leave to Proceed in forma pauperis by Cory Devon Anderson. (jao) |
| Filing 9 NOTICE of Attorney Appearance by Kimberly T. Acuna on behalf of Florida Department of Corrections. Attorney Kimberly T. Acuna added to party Florida Department of Corrections(pty:dft). (Acuna, Kimberly) |
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Filing 8
ORDER TO SHOW CAUSE 28 U.S.C. 2254. Signed by Judge Marcia G. Cooke on 7/15/2021. See attached document for full details. (daa)
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| Filing 7 CLERK'S NOTICE of compliance re #6 Order. Copy of Order mailed to Petitioner. (daa) |
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Filing 6
ORDER DENYING IN PART HABEAS CORPUS PETITION. Claims 2, 3, 4, 6, and 7 of the Petition (ECF No. #1 ) are DENIED. Petitioner may, if he wishes, file a motion to reopen the case within thirty (30) days of this Order. The motion to reopen must be docketed by August 16, 2021. The Court will not use the date on which Petitioner signs the motion to reopen or the date on which he submits it to prison authorities for mailing as the date of filing. If the motion to reopen is not docketed by this date, claims 2, 3, 4, 6, and 7 will be deemed denied with prejudice. The Clerk is directed to MAIL Petitioner a copy of this Order. Signed by Judge Marcia G. Cooke on 7/15/2021. See attached document for full details. (daa)
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Filing 5
ORDER REQUIRING FEE OR IFP MOTION. On or before August 9, 2021, Petitioner shall either pay the Clerk's filing fee of $5.00 or, alternatively, file an IFP motion upon the form provided with this Order. Signed by Judge Marcia G. Cooke on 7/9/2021. See attached document for full details. (Attachments: #1 IFP form) (daa)
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| Filing 4 CLERK'S NOTICE of compliance re #3 Order. Copy of Order and attached documents mailed to Petitioner. (daa) |
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Filing 3
ORDER OF DIRECTIONS TO CLERK. The Court has sua sponte taken judicial notice of a publicly available online Florida court docket sheet and certain documents therein. The Clerk IS DIRECTED TO make the attached documents part of the record in this case and MAIL a copy of this Order and the attached documents to Petitioner. Signed by Judge Marcia G. Cooke on 7/8/2021. See attached document for full details. (Attachments: #1 State Court Records 15000053CFAXMX Martin County Clerk.Part1, #2 State Court Records 15000053CFAXMX Martin County Clerk.Part2) (daa)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. (daa) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. Filing fee $ 5.00 (Filing fee not paid/IFP Motion not filed), filed by Cory Devon Anderson.(daa) |
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| Plaintiff: Cory Devon Anderson | |
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| Defendant: Florida Department of Corrections | |
| Represented By: | Noticing 2254 SAG Broward and North |
| Represented By: | Kimberly T. Acuna |
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