Brestle v. Federal Bureau Of Prisons, (9:16-cv-81808), Florida Southern District Court

Brestle v. Federal Bureau Of Prisons,

Florida Southern District Court
Judge:	Kenneth A Marra
Referred:	Patrick A White
Case #:	9:16-cv-81808
Nature of Suit	530 Prisoner Petitions - Habeas Corpus - General
Cause	28:2241 Petition for Writ of Habeas Corpus (Federal)

Case Filed:	Oct 27, 2016
Terminated:	Feb 28, 2017

Docket
Parties

Create an account to get the full party report for this case.

Docket last updated: 04/18/2024 11:59 PM EDT

Monday, March 20, 2017
36		36 order Order on Motion for Reconsideration Mon 03/20 10:45 AM ORDER denying35 Motion for Reconsideration re33 Order on Report and Recommendations. Signed by Judge Kenneth A. Marra on 3/19/2017. (ir) Related: [-]
Wednesday, March 15, 2017
35		35 motion Reconsideration Thu 03/16 10:07 AM MOTION for Reconsideration by Gary Charles Brestle. (lan) Related: [-]
Wednesday, March 01, 2017
34		34 order Order Withdrawing Reference/Case No Longer Referred Wed 03/01 9:09 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 3/1/2017. (br) Related: [-]
Tuesday, February 28, 2017
33		33 order Order Adopting Report and Recommendations Tue 02/28 10:27 AM ORDER ADOPTING30 REPORT AND RECOMMENDATIONS dismissing1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Gary Charles Brestle. This case is CLOSED. Signed by Judge Kenneth A. Marra on 2/28/2017. (ir) Related: [-]
32		32 order Order Tue 02/28 10:24 AM ORDER affirming 25 Order on Motion to Appoint Counsel and denying26 MOTION to Appoint Counsel/Appeal filed by Gary Charles Brestle. Signed by Judge Kenneth A. Marra on 2/28/2017. (ir) Related: [-]
Monday, February 27, 2017
31		31 respoth Objections to Report and Recommendations Mon 02/27 2:49 PM OBJECTIONS to30 Report and Recommendations by Gary Charles Brestle. (cqs) Related: [-]
Wednesday, February 22, 2017
30		30 motion Report and Recommendations Wed 02/22 2:08 PM REPORT AND RECOMMENDATIONS on 28 USC 2241 case re1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Gary Charles Brestle. Recommending dismissing without prejudice for non-compliance with the Court's order. Objections to R&R due by 3/8/2017 Signed by Magistrate Judge Patrick A. White on 2/22/2017. (tw) Related: [-]
Tuesday, February 21, 2017
29		29 order Order on Motion for Miscellaneous Relief Tue 02/21 3:23 PM PAPERLESS ORDER denying28 Motion to supplement/renewed motion to appoint counsel. Signed by Magistrate Judge Patrick A. White on 2/21/2017. (nn) Related: [-]
28		28 motion Miscellaneous Relief Tue 02/21 11:29 AM MOTION For Leave To Supplement re26 MOTION to Appoint Counsel by Gary Charles Brestle. (cqs) Related: [-]
Tuesday, January 31, 2017
27		27 order Order on Motion to Appoint Counsel Tue 01/31 10:29 AM PAPERLESS ORDER denying26 Motion to Appoint Counsel solely to the extent the petitioner is again requesting appointment of counsel. To the extent he is appealing the undersigned's denial of his motions to appoint counsel, the motion is construed as an APPEAL of the undersigned's prior orders, and is thus hereby DEFERRED TO THE DISTRICT JUDGE for consideration. Signed by Magistrate Judge Patrick A. White on 1/31/2017. (nn) Related: [-]
26		26 motion Appoint Counsel Tue 01/31 10:11 AM MOTION to Appoint Counsel/Appeal to the District Court. by Gary Charles Brestle. Responses due by 2/14/2017 (cqs) Related: [-]
Friday, January 20, 2017
25		25 order Order on Motion to Appoint Counsel Fri 01/20 2:25 PM ORDER denying24 Motion to Appoint Counsel. Signed by Magistrate Judge Patrick A. White on 1/20/2017. (nn) Related: [-]
24		24 motion Appoint Counsel Fri 01/20 11:15 AM SECOND MOTION to Appoint Counsel by Gary Charles Brestle. Responses due by 2/3/2017 (cqs) Related: [-]
23		23 notice Notice of Change of Address Fri 01/20 11:14 AM NOTICE of Change of Address by Gary Charles Brestle (system updated) (cqs) Related: [-]
Wednesday, January 11, 2017
22		22 order Order on Motion for Extension of Time Wed 01/11 3:49 PM PAPERLESS ORDER granting in part and denying in part20 Motion for Extension of Time to file a final amended complaint in light of the district court's order allowing the plaintiff to proceed on a Privacy Act claim, but requiring that an amended complaint. The time for filing the amended complaint has been extended multiple times. The plaintiff yet again seeks another extension claiming he needs records in order to perfect his claim. The motion is GRANTED solely to the extent that the amended complaint shall be filed on or before February 6, 2017. The plaintiff is cautioned that NO FURTHER extensions will be granted. Plaintiff has not demonstrated that he is precluded from filing a succinct statement of claim/facts in an amended complaint but for receipt of the requested documents. Therefore, in the event the plaintiff is unable to procure these documents by the scheduled deadline, he is instructed to file his amended complaint, and failure to do so may result in the dismissal of this action. Amended Pleadings due by 2/6/2017. Signed by Magistrate Judge Patrick A. White on 1/11/2017. (nn) Related: [-]
Thursday, January 05, 2017
21		21 misc Supplement Thu 01/05 12:25 PM SUPPLEMENT to20 MOTION for Extension of Time to Produce Documents as Evidence by Gary Charles Brestle (cqs) Related: [-]
Tuesday, January 03, 2017
20		20 motion Extension of Time Tue 01/03 1:38 PM MOTION for Extension of Time to Produce Documents as Evidence by Gary Charles Brestle. Responses due by 1/17/2017 (cqs) Related: [-]
19		19 order Order on Motion to Seal Tue 01/03 11:34 AM PAPERLESS ORDER denying17 Motion to Seal Re:17 MOTION to Seal,18 SEALED MOTION for More Definitive Documents. The Plaintiff has not demonstrated how documents relating to his cooperation with the government is relevant to the filing of his amended motion. The plaintiff need only file a succinct statement of claim and supporting facts. Plaintiff is aware of his cooperation and the nature of the information provided to the government. On the record before this court, the motion is legally deficient and denied. The movant is cautioned that his amended pleading is due shortly with the court. He is to ensure that he complies with the court's order regarding the form and substance of the amended pleading. The Clerk is hereby ordered to unseal the motion for more definitive pleadings (DE#18) filed by the movant. Signed by Magistrate Judge Patrick A. White on 1/3/2017. (nn) Related: [-]
Friday, December 23, 2016
17		17 motion Motion to Seal Fri 12/23 11:58 AM MOTION, Reqeust for CI Activities to be Sealed by Gary Brestle (tpl) Related: [-]
Monday, December 12, 2016
16		16 notice Notice (Other) Mon 12/12 1:22 PM NOTICE RE: Confinement by Gary Charles Brestle re 15 Order on Motion for Extension of Time,,,, (cqs) Related: [-]
Tuesday, December 06, 2016
15		15 order Order on Motion for Extension of Time Tue 12/06 12:09 PM PAPERLESS ORDER granting in part and denying in part petitioner motion14 for Extension of Time to file a final amended petition to cure the deficiencies as noted in the Report of the undersigned and as adopted by the district court in its Order. The petitioner is cautioned that his amended petition shall be the sole operative petition and should not incorporate by reference any previous claims or arguments, but rather should succinctly and clearly set forth the nature of the claim, whom he intends to sue, and the relief requested. The final amended petition shall be filed on or before January 6, 2017. The petitioner is to ensure that he signs and hands the petition to prison authorities for mailing with sufficient time so that it reaches and is filed by the Clerk of Court on or before the scheduled due date. Failure to do so may result in dismissal of this action. To the extent the petitioner is seeking the appointment of counsel to perfect the filing of the petition, the motion is hereby DENIED. Petitioner is not entitled to the appointment of counsel at this point in the proceedings, nor is this one of those instances which would warrant appointment of counsel. Signed by Magistrate Judge Patrick A. White on 12/6/2016. (nn) Related: [-]
		utility ~Util - Set/Reset Deadlines/Hearings Tue 12/06 12:15 PM Set Deadlines Per DE#15. Amended Pleadings due by 1/6/2017. (cqs) Related: [-]
Monday, December 05, 2016
14		14 motion Extension of Time Mon 12/05 12:07 PM MOTION for Extension of Time To Secure Counsel re13 Order on Report and Recommendations, by Gary Charles Brestle. Responses due by 12/19/2016 (cqs) Related: [-]
Friday, November 18, 2016
13		13 order Order Adopting Report and Recommendations Fri 11/18 3:29 PM ORDER affirming in part and reversing in part5 Report and Recommendations; affirming in part and reversing in part7 Report and Recommendations. Signed by Judge Kenneth A. Marra on 11/18/2016. (ir) Related: [-]
Wednesday, November 16, 2016
12		12 notice Notice (Other) Wed 11/16 1:59 PM NOTICE RE: Documents from the Judicial Council of the Eleventh Circuit(Under Seal) by Gary Charles Brestle (cqs) Related: [-]
11		11 respoth Objections to Report and Recommendations Wed 11/16 1:56 PM OBJECTIONS to5 Report and Recommendations by Gary Charles Brestle. (cqs) Related: [-]
Tuesday, November 08, 2016
10		10 misc Remark Tue 11/08 11:31 AM Copy of the Corrected Report also sent to the Residential Reentry Management Office - Miami (br) Related: [-]
9		9 order Order on Motion to Appoint Counsel Tue 11/08 10:43 AM PAPERLESS ORDER denying8 Motion to Appoint Counsel. The appointment of counsel is not warranted at this juncture. THerefore, the motion is denied without prejudice. Signed by Magistrate Judge Patrick A. White on 11/8/2016. (nn) Related: [-]
Monday, November 07, 2016
8		8 motion Appoint Counsel Tue 11/08 8:00 AM MOTION to Appoint Counsel by Gary Charles Brestle. Responses due by 11/28/2016 (mc) Related: [-]
7		7 motion Report and Recommendations Mon 11/07 11:07 AM REPORT AND RECOMMENDATIONS on 28 USC 2241 case re1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Gary Charles Brestle; Recommending that this federal habeas petition be dismissed as an improper �2241 petition; that the claims for preliminary injunctive relief and for violation of the Privacy Act be dismissed; and, that this case be closed. Objections to R&R due by 11/28/2016. Signed by Magistrate Judge Patrick A. White on 11/7/2016. (br) Related: [-]
6		6 misc Remark Mon 11/07 8:42 AM Copy of Report & Recommendation also sent to the Residential Reentry Management Office - Miami (br) Related: [-]
Friday, November 04, 2016
5		5 motion Report and Recommendations Fri 11/04 2:05 PM REPORT AND RECOMMENDATIONS on 28 USC 2241 case re1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Gary Charles Brestle. Recommending that this federal habeas petition be dismissed as an improper �2241 petition; that the claims for preliminary injunctive relief and for violation of the Privacy Act be dismissed; and, that this case be closed. Objections to R&R due by 11/21/2016. Signed by Magistrate Judge Patrick A. White on 11/4/2016. (br) Related: [-]
Thursday, November 03, 2016
4		4 misc Clerks Receipt (combines Filing Fee and Partial Filing Fee) Thu 11/03 1:44 PM Clerks Receipt for Writ of Habeas Corpus received on 11/3/2016 in the amount of $ 5.00, receipt number FLS900004770. (fbn) Related: [-]
Thursday, October 27, 2016
3		3 order Clerks Notice of Magistrate Judge Assignment Thu 10/27 4:17 PM 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. (drz) Related: [-]
2		2 order Judge Assignment Thu 10/27 4:16 PM Judge Assignment to Judge Kenneth A. Marra (drz) Related: [-]
1		1 cmp Application/Petition (Complaint) for Writ of Habeas Corpus Thu 10/27 4:16 PM APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 is due., filed by Gary Charles Brestle.(drz) Modified on 10/27/2016 (drz) Related: [-]

Continue to Create Account