Soto v. Secretary Department of Corrections et al
| Florida Southern District Court | |
| Judge: | Jose E Martinez |
| Referred: | Lisette M Reid |
| Case #: | 1:16-cv-24458 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Oct 24, 2016 |
| Terminated: | Mar 17, 2020 |
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| Docket last updated: 04/16/2024 11:59 PM EDT |
| Tuesday, March 17, 2020 | ||
| 41 | 41
4
pgs
order
Order Adopting Report and Recommendations
Tue 03/17 3:33 PM
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION; Adopting in Part37 Report and Recommendations. Certificate of Appealability: GRANTED Closing Case. Signed by Judge Jose E. Martinez on 3/17/2020. See attached document for full details. (pcs) |
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| Tuesday, January 14, 2020 | ||
| 40 | 40
respoth
Objections to Report and Recommendations
Tue 01/14 8:19 AM
OBJECTIONS to37 Report and Recommendations by David Manuel Soto. (pcs) |
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| Tuesday, January 07, 2020 | ||
| 39 | 39
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Tue 01/07 2:49 PM
PAPERLESS ORDER granting38 Petitioner's Motion Requesting an Extension of Time to file his objections to the Report and Recommendation. Petitioner shall file his objections on or before January 16, 2020. Signed by Judge Jose E. Martinez on 1/7/2020. (kml) |
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| 38 | 38
motion
Extension of Time to File Response/Reply/Answer
Tue 01/07 2:40 PM
MOTION for Extension of Time to File Objections as to37 REPORT AND RECOMMENDATIONS on 28 USC 2254 case. by David Manuel Soto. (pcs) |
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| Monday, December 16, 2019 | ||
| 37 | 37
motion
Report and Recommendations
Mon 12/16 11:59 AM
REPORT AND RECOMMENDATIONS on 28 USC 2254 case re15 Amended Complaint filed by David Manuel Soto; Recommending that: 1. the federal habeas petition be DENIED; 2. a certificate of appealability be DENIED; and, 3. the case CLOSED. Objections to R&R due by 12/30/2019. Signed by Magistrate Judge Lisette M. Reid on 12/16/2019. See attached document for full details. (fbn) |
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| Monday, November 25, 2019 | ||
| 36 | 36
order
- Order (PAPERLESS or pdf attached)
Mon 11/25 2:24 PM
ORDER OF DIRECTIONS of filing On-Line State Court Docket: Case No. F00-00-023631 and Order Denying Defendant's Motion for Post Conviction Relief to be made part of this federal proceedings. Signed by Magistrate Judge Lisette M. Reid on 11/25/2019. See attached document for full details. (fbn) |
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Att: 1
On-Line State Court Docket: Case No. F00-00-023631,
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Att: 2
Order Denying Defendant's Motion for Post Conviction Relief
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| Wednesday, September 18, 2019 | ||
| 35 | 35
notice
Notice (Other)
Wed 09/18 4:53 PM
NOTICE OF INQUIRY by David Manuel Soto (Docket Sheet Sent). (pcs) |
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| Thursday, January 03, 2019 | ||
| 34 | 34
utility
Case Reassignment of Paired Magistrate Judge
Fri 01/04 12:32 AM
Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) - 2019-2 to Magistrate Judge Lisette Marie Reid. Magistrate Judge Patrick A. White no longer assigned to case. (yar) |
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| Tuesday, April 10, 2018 | ||
| 33 | 33
notice
Notice of Supplemental Authority
Tue 04/10 2:04 PM
Notice of Supplemental Authority re24 Response to Order to Show Cause by Attorney General of the State of Florida, Secretary Department of Corrections (Geldens, Jeffrey) |
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Att: 1
Exhibit Copy of Supp. Auth.
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| Thursday, February 15, 2018 | ||
| 32 | 32
notice
Notice (Other)
Thu 02/15 10:27 AM
NOTICE by Attorney General of the State of Florida, Secretary Department of Corrections re29 Appendix,25 Notice (Other),30 Appendix,27 Appendix,31 Appendix,28 Appendix,24 Response to Order to Show Cause,26 Appendix, Regarding US Mailing Address (Geldens, Jeffrey) |
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| 31 | 31
misc
Appendix
Thu 02/15 9:33 AM
APPENDIX to24 Response to Order to Show Cause (2016 Motion Materials) by Attorney General of the State of Florida, Secretary Department of Corrections(Geldens, Jeffrey) |
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Att: 1
Appendix Appx 6/2016 Motion
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| 30 | 30
misc
Appendix
Thu 02/15 9:31 AM
APPENDIX to24 Response to Order to Show Cause (Case 3D13-2899 Materials) by Attorney General of the State of Florida, Secretary Department of Corrections(Geldens, Jeffrey) |
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Att: 1
Appendix Case 3d13-2899
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| 29 | 29
misc
Appendix
Thu 02/15 9:29 AM
APPENDIX to24 Response to Order to Show Cause (Case 3D09-2477 Materials) by Attorney General of the State of Florida, Secretary Department of Corrections(Geldens, Jeffrey) |
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Att: 1
Appendix Case 3D09-2477
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| 28 | 28
misc
Appendix
Thu 02/15 9:28 AM
APPENDIX to24 Response to Order to Show Cause (2006 Motion) by Attorney General of the State of Florida, Secretary Department of Corrections(Geldens, Jeffrey) |
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Att: 1
Appendix 2006 Motion
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| 27 | 27
misc
Appendix
Thu 02/15 9:26 AM
APPENDIX to24 Response to Order to Show Cause (Case 3D05-372 Materials) by Attorney General of the State of Florida, Secretary Department of Corrections(Geldens, Jeffrey) |
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Att: 1
Appendix Appendix 2 (Case 05-372)
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| 26 | 26
misc
Appendix
Thu 02/15 9:24 AM
APPENDIX to24 Response to Order to Show Cause (Direct Appeal Materials) by Attorney General of the State of Florida, Secretary Department of Corrections(Geldens, Jeffrey) |
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Att: 1
Appendix App 1 Part 1,
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Att: 2
Appendix App 1 Part 2
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| 25 | 25
notice
Notice (Other)
Thu 02/15 9:21 AM
NOTICE by Attorney General of the State of Florida, Secretary Department of Corrections re24 Response to Order to Show Cause (Filing Attached Trial Transcripts) (Geldens, Jeffrey) |
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Att: 1
Transcripts Trial Vol 1(1to201),
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Att: 2
Transcripts Trial Vol 2 (202to284),
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Att: 3
Transcripts Trial Vol 3(285to482),
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Att: 4
Transcripts Trial Vol 4(483to560),
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Att: 5
Transcripts Trial Vol 5 (561to671),
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Att: 6
Transcripts Trial Vol 6 (672to797)
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| 24 | 24
misc
Response to Order to Show Cause
Thu 02/15 9:07 AM
RESPONSE TO ORDER TO SHOW CAUSE re16 Order to Show Cause, by Attorney General of the State of Florida, Secretary Department of Corrections. (Geldens, Jeffrey) |
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| Friday, January 19, 2018 | ||
| 23 | 23
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Fri 01/19 11:09 AM
PAPERLESS ORDER granting22 Motion for Extension of Time to File response on or before February 15, 2018. Signed by Magistrate Judge Patrick A. White on 1/19/2018. (erd) |
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utility
~Util - Set/Reset Deadlines/Hearings
Fri 01/19 11:27 AM
Set/Reset Deadlines per Order DE# 23 : Answer/Show Cause Response due by 2/15/2018. (lh) |
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| Friday, January 12, 2018 | ||
| 22 | 22
motion
Extension of Time to File Response/Reply/Answer
Fri 01/12 10:17 AM
Second MOTION for Extension of Time to File Response/Reply/Answer as to16 Order to Show Cause, by Attorney General of the State of Florida, Secretary Department of Corrections. Attorney Jeffrey Robert Geldens added to party Attorney General of the State of Florida(pty:dft). (Geldens, Jeffrey) |
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| Wednesday, November 29, 2017 | ||
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utility
~Util - Set/Reset Deadlines/Hearings
Wed 11/29 2:03 PM
Set/Reset Deadlines: Show Cause Response due by 1/16/2018. (lh) |
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| Tuesday, November 28, 2017 | ||
| 21 | 21
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Tue 11/28 4:26 PM
PAPERLESS ORDER granting20 Motion for Extension of Time to File response on or before January 16, 2018. Signed by Magistrate Judge Patrick A. White on 11/28/2017. (erd) |
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| 20 | 20
motion
Extension of Time to File Response/Reply/Answer
Tue 11/28 10:24 AM
First MOTION for Extension of Time to File Response/Reply/Answer as to16 Order to Show Cause, by Secretary Department of Corrections. Attorney Jeffrey Robert Geldens added to party Secretary Department of Corrections(pty:dft). (Geldens, Jeffrey) |
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| Friday, October 20, 2017 | ||
| 19 | 19
notice
Notice of Attorney Appearance
Fri 10/20 12:11 PM
NOTICE of Attorney Appearance by Michael W. Mervine on behalf of Attorney General of the State of Florida. Attorney Michael W. Mervine added to party Attorney General of the State of Florida(pty:dft). (Mervine, Michael) |
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| Monday, October 16, 2017 | ||
| 18 | 18
utility
Case Referred to Magistrate Judge
Mon 10/16 9:34 AM
CASE Re-REFERRED to Magistrate Judge Patrick A. White for Report and Recommendation, per order DE 12 (mr1) |
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| 17 | 17
order
Order on Motion to Amend/Correct
Mon 10/16 9:30 AM
PAPERLESS ORDER granting14 Motion to Amend/Correct to the extent that the Amended application/petition (DE# 15) is the operative petition in this case. The Respondent has been ordered to show cause why the petition should not be granted. See (DE# 16). Signed by Magistrate Judge Patrick A. White on 10/16/2017. (erd) |
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| Friday, October 13, 2017 | ||
| 16 | 16
4
pgs
order
Order to Show Cause
Fri 10/13 10:06 AM
ORDER TO SHOW CAUSE 28 U.S.C. §2254 on or before November 30, 2017 the respondent shall file a memorandum of fact and law to show cause why this petition should not be granted. Show Cause Response due by 11/30/2017. Signed by Magistrate Judge Patrick A. White on 10/13/2017. (fbn) |
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| Tuesday, September 26, 2017 | ||
| 15 | 15
cmp
Amended Complaint
Tue 09/26 10:51 AM
AMENDED APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254,, filed by David Manuel Soto.(vmz) |
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| Friday, September 01, 2017 | ||
| 14 | 14
motion
Amend/Correct
Fri 09/01 10:20 AM
MOTION to Amend/Correct by David Manuel Soto. Responses due by 9/15/2017 (lan) |
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| Monday, August 07, 2017 | ||
| 13 | 13
order
Order Withdrawing Reference/Case No Longer Referred
Mon 08/07 9:17 AM
Case No Longer Referred to Magistrate Judge Patrick A. White/Case Closed by the District Judge. Signed by Magistrate Judge Patrick A. White on 8/7/2017. (br) |
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| Thursday, July 27, 2017 | ||
| 12 | 12
order
Order on Motion to Dismiss Order Adopting Report and Recommendations Order on Motion for Miscellaneous Relief
Fri 07/28 8:21 AM
ORDER ADOPTING REPORT AND RECOMMENDATION dismissing4 Motion to Dismiss; vacating5 Report and Recommendations ; granting10 Motion ; Adopting11 Report and Recommendations. Signed by Judge Jose E. Martinez on 7/27/2017. (lan) |
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| Thursday, June 29, 2017 | ||
| 11 | 11
motion
Report and Recommendations
Thu 06/29 2:53 PM
SUPPLEMENTAL REPORT AND RECOMMENDATIONS on 28 USC 2254 case re1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by David Manuel Soto; Recommending that Movants motion for voluntary dismissal be granted. (DE#5). That report is still pending. Meanwhile, on June 14, 2017, Movant executed a motion (DE#10) in which he asks the court to allow him to withdraw his prior motion to voluntarily dismiss his §2254 petition (DE#4) and to issue an order to show cause to the Respondent. Objections to R&R due by 7/13/2017. Signed by Magistrate Judge Patrick A. White on 6/29/2017. (fbn) |
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| Tuesday, June 20, 2017 | ||
| 10 | 10
motion
Miscellaneous Relief
Wed 06/21 8:29 AM
MOTION for Orders re4 MOTION to Dismiss1 Application/Petition (Complaint) for Writ of Habeas Corpus by David Manuel Soto. (lan) |
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| Friday, May 26, 2017 | ||
| 9 | 9
notice
Notice (Other)
Tue 05/30 8:46 AM
NOTICE of Inquiry by David Manuel Soto (Docket Sheet Sent) (lan) |
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| Thursday, January 26, 2017 | ||
| 8 | 8
misc
Clerks Receipt (combines Filing Fee and Partial Filing Fee)
Thu 01/26 2:17 PM
Clerks Notice of Receipt of Filing Fee received on 1/26/2017 in the amount of $ 5.00, receipt number FLS100136677 (vmz) |
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| Tuesday, November 29, 2016 | ||
| 7 | 7
respoth
Objections to Report and Recommendations
Tue 11/29 11:15 AM
OBJECTIONS to5 Report and Recommendations by David Manuel Soto. (cqs) |
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| Tuesday, November 15, 2016 | ||
| 6 | 6
order
Order
Tue 11/15 4:02 PM
ORDER DIRECTING Clerk to add State Court Trial Docket to federal Habeas record. Trial docket attached. Signed by Magistrate Judge Patrick A. White on 11/9/2016. |
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| Thursday, November 10, 2016 | ||
| 5 | 5
motion
Report and Recommendations
Thu 11/10 9:09 AM
REPORT AND RECOMMENDATIONS on 28 USC 2254 case re1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by David Manuel Soto,4 MOTION to Dismiss1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by David Manuel Soto; Recommending that the Petitioners motion for voluntary dismissal (DE#4) be granted, that Petitioner's habeas corpus petition (DE#1) be dismissed without prejudice, except as to the application of the federal statute of limitations or other procedural defenses which may apply, and that the case be closed. Objections to R&R due by 12/1/2016. Signed by Magistrate Judge Patrick A. White on 11/10/2016. (br) |
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| Tuesday, November 01, 2016 | ||
| 4 | 4
motion
Dismiss
Tue 11/01 11:38 AM
MOTION to Voluntarily Dismiss1 Application/Petition (Complaint) for Writ of Habeas Corpus by David Manuel Soto. Responses due by 11/18/2016 (cqs) |
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| Monday, October 24, 2016 | ||
| 3 | 3
order
Clerks Notice of Magistrate Judge Assignment
Mon 10/24 10:28 AM
Clerks Notice of Magistrate Judge Assignment to Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19 for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (fbn) |
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| 2 | 2
order
Judge Assignment
Mon 10/24 10:27 AM
Judge Assignment to Judge Jose E. Martinez (fbn) |
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| 1 | 1
cmp
Application/Petition (Complaint) for Writ of Habeas Corpus
Mon 10/24 10:27 AM
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 David Manuel Soto.(fbn) |
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