Garcia v. Abbate
| Jose Garcia |
| Enza Abbate |
| 2:2023cv14419 |
| December 27, 2023 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.
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Filing 18
Letter To The Court from Jose Garcia (cqs) (Additional attachment(s) added on 2/22/2024: #1 Messsage Re: Poor Quality) (cqs).
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Filing 17
PAPERLESS ORDER directing Clerk to mail order to new address. Petitioner filed a notice of change of address indicating that he moved to a new address some time before February 14, 2024. See Notice, [ECF No. #16 ], at 2. Based on the timing of this move, it appears unlikely that Petitioner received a copy of the Court's February 9, 2024 Order, which was mailed to Petitioner's previous address on record. Accordingly, the Court directs the Clerk to MAIL a copy of the Court's February 9, 2024 Order, [ECF No. #15 ], to Petitioner's new address: 7487 South Center Road 121, MacClenny, FL 32063. Signed by Judge Rodolfo A. Ruiz, II on 2/21/2024. (cps)
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Filing 16
NOTICE of Change of Address, by Jose Garcia (Address Updated). (cqs)
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Filing 15
ORDER DENYING 28 U.S.C. 2254 HABEAS PETITION, Any request for a certificate of appealability is DENIED, Closing Case. Signed by Judge Rodolfo A. Ruiz, II on 2/9/2024. See attached document for full details. (cqs)
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SYSTEM ENTRY - Docket Entry 14 [misc] restricted/sealed until further notice. (1530598)
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Filing 13
Terminated DE #9 Motion to allow attorney to filed documents under sealed. (kpe)
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Filing 12
APPENDIX to #11 Response to Order to Show Cause by Enza Abbate (Attachments: #1 Exhibit Exhibits 1-29)(Kaiman, Rachael)
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Filing 11
RESPONSE TO ORDER TO SHOW CAUSE re #6 Order to Show Cause,,, by Enza Abbate. (Kaiman, Rachael)
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Filing 10
PAPERLESS ORDER granting #9 Motion for Leave to File Documents Under Seal. Pursuant to Local Rule 5.1(b), the Court finds that Petitioner's psychological reports are confidential under Florida law and may be filed under seal. The sealed documents must be filed in its own separate appendix and will remain sealed indefinitely. Signed by Judge Rodolfo A. Ruiz, II on 1/31/2024. (cps)
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Filing 9
MOTION for Leave to File Documents Under Seal by Enza Abbate. (Kaiman, Rachael)
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Filing 8
NOTICE of Attorney Appearance by Rachael Kaiman on behalf of Enza Abbate. Attorney Rachael Kaiman added to party Enza Abbate(pty:dft). (Attachments: #1 Docket Sheet) (Kaiman, Rachael)
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Filing 7
Notice of Electronic Filing (NEF) re #6 Order to Show Cause, sent to CrimAppMIA@MyFloridaLegal.com. (kma)
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Filing 6
ORDER TO SHOW CAUSE. On or before one (1) week from the date of this Order, the Attorney General/Respondent shall file a written notice with the Court which shall provide: a) the name and address of the attorney within the Office of the Attorney General to whom this case has been assigned; and b) documentation showing that any state court records relevant to Petitioners claims have been requested by the Attorney General. (2) Show Cause Response due by 2/9/2024. Petitioner is not required to file a reply, but if Petitioner wishes to do so, the reply shall be due fourteen (14) days from the date the Response or Answer is filed by Respondent. Signed by Judge Rodolfo A. Ruiz, II on 1/12/2024. See attached document for full details. (kma)
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Filing 5
Clerks Notice of Receipt of Filing Fee received on 1/12/2024 in the amount of $ 5.00, receipt number 3379 (nwn)
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Filing 4
ORDER REQUIRING FILING FEE OR IFP MOTION. Petitioner's Motion for Leave to Proceed in forma pauperis #3 is DENIED without prejudice. Petitioner shall either pay the Clerk's filing fee of $5.00 or, in the alternative, file a motion to proceed in forma pauperis on or before January 31, 2024. Signed by Judge Rodolfo A. Ruiz, II on 12/29/2023. See attached document for full details. (Attachments: #1 Exhibit State Court Docket Sheet) (cps)
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Jose Garcia. (ebz)
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Filing 2
Judge Assignment to Judge Rodolfo A. Ruiz, II. (ebz)
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Filing 1
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. Filing fee $ 5.00, Not Paid. IFP Filed, filed by Jose Garcia.(ebz)
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| Plaintiff: Jose Garcia | |
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| Defendant: Enza Abbate | |
| Represented By: | Rachael Kaiman |
| Represented By: | Noticing 2254 SAG Miami-Dade/Monroe |
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