Williams v. STATE OF FLORIDA
Charles H Williams |
STATE OF FLORIDA |
4:2019cv10164 |
September 16, 2019 |
US District Court for the Southern District of Florida |
James Lawrence King |
Lisette M Reid |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 |
None |
Docket Report
This docket was last retrieved on November 12, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 14 REPORT AND RECOMMENDATIONS on 28 USC 2254 case re #1 Application/Petition (Complaint) for Writ of Habeas Corpus and #11 MOTION to Dismiss #1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Charles H Williams; Recommending that: 1. Petitioner's motion to dismiss/withdraw petition ECF #11 be GRANTED, and that Petitioner's filing ECF No. #1 , be DISMISSED WITHOUT PREJUDICE, except as to any application of the federal statute of limitations or other procedural defenses which may apply; 2. No certificate of appealability issue in this case; and, 3. The case CLOSED. Objections to R&R due by 11/26/2019. Signed by Magistrate Judge Lisette M. Reid on 11/12/2019. See attached document for full details. (fbn) |
Filing 13 PAPERLESS ORDER vacating #12 Report and Recommendations. Petitioner has filed a Motion to Dismiss Application/Petition for Writ of Habeas Corpus prior to this Report and Recommendation. Accordingly, this Report shall be vacated. Signed by Magistrate Judge Lisette M. Reid on 11/12/2019. (jgg) |
Filing 12 VACATED PER ECF #12 REPORT AND RECOMMENDATIONS on 28 USC 2254 case re #1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Charles H Williams; Recommending that this 2254 Petition be DISMISSED, without prejudice, as Petitioner is not entitled to federal habeas relief, or in the alternative, be dismissed, without prejudice as an improper filing, and the case CLOSED. Objections to R&R due by 11/5/2019. Signed by Magistrate Judge Lisette M. Reid on 10/22/2019. See attached document for full details. (fbn) (Main Document 12 replaced on 10/22/2019) (fbn). Modified on 11/12/2019 (fbn). |
Filing 11 MOTION to Dismiss #1 Application/Petition (Complaint) for Writ of Habeas Corpus by Charles H Williams. Responses due by 11/1/2019 (drz) |
Filing 10 Clerks Non-Entry of Default as to STATE OF FLORIDA - Motions Terminated: #9 Motion for Clerks Entry of Default. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket Signed by DEPUTY CLERK on 10/11/2019. (drz) |
Filing 9 MOTION for Clerks Entry of Default as to STATE OF FLORIDA by Charles H Williams. (drz) |
Filing 8 PAPERLESS ORDER denying #7 Motion for Default Judgment. Default judgment is not contemplated under 2254. Christof v. Vannoy, No. CV 18-145-SDD-EWD, 2019 WL 2344775, at *1 (M.D. La. June 3, 2019) ("Because this is a habeas proceeding arising under Section 2254, default judgment would not be appropriate."); see also Stephenson v. Connecticut, No. 3:12-CV-1233 (RNC), 2013 WL 12180610, at *1 (D. Conn. Mar. 8, 2013) ("[D]efault judgments are inappropriate in habeas cases under 2254.) (citation omitted)); see also Heximer v. Booker, No. 2:08-CV-14170, 2011 WL 3472789, at *2 (E.D. Mich. Aug. 9, 2011) ("[D]efault judgment is unavailable in a habeas corpus proceeding under 28 U.S.C. 2254." (citations omitted)). Signed by Magistrate Judge Lisette M. Reid on 10/8/2019. (jgg) |
Filing 7 MOTION for Default Judgment by Charles H Williams. (drz) |
Filing 6 Clerks Non-Entry of Default as to STATE OF FLORIDA - Motions Terminated: #5 Motion for Clerks Entry of Default. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket Signed by DEPUTY CLERK on 10/1/2019. (drz) |
Filing 5 MOTION for Clerks Entry of Default as to STATE OF FLORIDA by Charles H Williams. (drz) |
Filing 4 INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Lisette M. Reid on 10/1/2019. See attached document for full details. (fbn) |
Filing 3 Clerks Notice of Receipt of Filing Fee received on 9/16/2019 in the amount of $ 5.00, receipt number FLS100194752. (vt) |
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Defendant: STATE OF FLORIDA | |
Represented By: | Noticing 2254 SAG Miami-Dade/Monroe |
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Plaintiff: Charles H Williams | |
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