Herman, Jr., Randy v. Florida Department of Corrections
| Florida Southern District Court | |
| Judge: | Rodolfo A Ruiz, II |
| Case #: | 9:24-cv-80425 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Apr 08, 2024 |
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| Docket last updated: 16 minutes ago |
| Tuesday, April 16, 2024 | ||
| 8 | 8
order
Order on Motion for Referral to Volunteer Attorney Program
Tue 04/16 3:26 PM
PAPERLESS ORDER denying without prejudice7 Motion for Referral to Volunteer Attorney Program. Petitioner has filed a facially sufficient and highly articulate petition for writ of habeas corpus, and, at this stage of the proceedings, neither appointed nor volunteer counsel would add value to these proceedings or materially advance the interests of justice. See Goodman v. Meko , 861 F.2d 1259, 1260 (11th Cir. 1988) (affirming decision not to appoint counsel where the pro se petitioner "made all of the relevant documentation part of the record"); White v. Alabama , No. 12-CV-02960, 2015 WL 5475626, at *1 (N.D. Ala. Sept. 17, 2015) (explaining that counsel is generally not warranted in postconviction proceedings unless "the facts are largely underdeveloped and the defendant, due to his incarceration and indigency, is severely hampered in his ability to investigate them"). That said, the Court would be inclined to appoint Petitioner an attorney, as a matter of right, if it appears that his Petition is meritorious or requires an evidentiary hearing after Respondent has had a chance to respond. See White , 2015 WL 5475626, at *1. Since Petitioner's request for counsel is premature, his Motion is DENIED . Signed by Judge Rodolfo A. Ruiz, II on 4/16/2024. (cps) |
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motion
Volunteer Attorney Program
Tue 04/16 9:54 AM
MOTION for Referral to Volunteer Attorney Program by Randy Allen Herman, Jr. (wce) |
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notice
Notice of Attorney Appearance
Tue 04/16 8:39 AM
NOTICE of Attorney Appearance by Anesha Worthy on behalf of Florida Department of Corrections. Attorney Anesha Worthy added to party Florida Department of Corrections(pty:dft). (Worthy, Anesha) |
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| Tuesday, April 09, 2024 | ||
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misc
Clerk's Receipt (combines Filing Fee and Partial Filing Fee)
Tue 04/09 2:56 PM
Clerks Notice of Receipt of Filing Fee received on 4/9/2024 in the amount of $ 5.00, receipt number FLS285128. (vt) |
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4
pgs
order
Order to Show Cause
Tue 04/09 9:17 AM
ORDER TO SHOW CAUSE: On or before May 10, 2024, Respondent shall file a memorandum of fact and law to show cause why the Petition should not be granted. Show Cause Response due by 5/10/2024. Signed by Judge Rodolfo A. Ruiz, II on 4/9/2024. See attached document for full details. (wce) |
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3
pgs
order
Order of Instructions to Pro Se Litigant
Tue 04/09 9:14 AM
ORDER OF INSTRUCTIONS TO PRO SE HABEAS PETITIONERS. Signed by Judge Rodolfo A. Ruiz, II on 4/9/2024. See attached document for full details. (wce) |
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| Monday, April 08, 2024 | ||
| 2 | 2
order
Judge Assignment
Mon 04/08 3:12 PM
Judge Assignment to Judge Rodolfo A. Ruiz, II (kma) |
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| 1 | 1
cmp
Application/Petition (Complaint) for Writ of Habeas Corpus
Mon 04/08 3:01 PM
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 Randy Allen Herman Jr.(kma) |
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Att: 1
Memorandum of Law in Support of § 2254 Petition,
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Att: 2
Cover letter
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