United States District Court, M.D. Florida, Orlando Division
B. SMITH United States Magistrate Judge.
cause is before the Court on the Petition for Writ of Habeas
Corpus (“Amended Petition, ” Doc. 15) filed by
Petitioner pursuant to 28 U.S.C. § 2254. Petitioner also
filed an accompanying Memorandum of Law (“Memorandum,
” Doc. 16). Upon consideration of the Amended Petition
and the Memorandum, and in accordance with the Rules
Governing Section 2254 Cases in the United States District
Courts, it is ORDERED as follows:
Respondents shall file, within SIXTY (60)
DAYS from the date of this Order, a response,
entitled "Response to Petition, "
indicating why the relief sought in the Amended Petition
should not be granted.
part of the Response to Petition required by
paragraph 1 of this Order, Respondents shall also:
a. State whether either the United States District Court
Judge or the United States Magistrate Judge assigned to this
case was involved in any of Petitioner's state court
proceedings. Respondents have an ongoing duty to inform the
Court of such involvement if the case is hereafter reassigned
to another judicial officer.
b. Summarize the results of any direct appellate and/or
post-conviction relief sought by Petitioner to include
citation references and copies of all published opinions.
Provide copies of appellant and appellee briefs from every
appellate and/or post-conviction proceeding.
c. State whether an evidentiary hearing was accorded in the
pre-trial, trial, and/or post-conviction stages and whether
transcripts are available from those proceedings.
d. Procure transcripts and/or narrative summaries in
accordance with Rule 5 of the Rules Governing Section
2254 Cases in the United States District Courts and file
them concurrently with the initial pleading, but not later
than thirty (30) days after the filing of the initial
e. State whether Petitioner has exhausted available state
remedies under the statutes or procedural rules of the state.
If Petitioner has not exhausted available state court
remedies, provide an analysis of those remedies or indicate
whether Respondents waive the exhaustion requirement.
Thompson v. Wainwright, 714 F.2d 1495 (11th Cir.
f. As to any ineffective assistance of counsel claims that
are alleged to be procedurally defaulted because they were
not raised during Petitioner's initial-review collateral
proceedings, Respondents shall include a discussion of (1)
whether there has been a showing of cause to excuse the
procedural default under Martinez v. Ryan, 132 S.Ct.
1309 (2012), and (2) the merits of the claim as an alternate
basis for disposition.
g. Provide a detailed explanation of whether this case was
filed within the one-year limitation period set forth in 28
U.S.C. § 2244(d).
Appendix shall include an Index that specifically references
the CM/ECF electronic docket entry number and page numbers
where each Exhibit begins and ends in the record.
Henceforth, Petitioner shall mail one copy of every pleading,
exhibit and/or correspondence, along with a certificate of
service indicating the date an accurate copy was mailed, to
Petitioner shall advise the Court of any change of address.
The failure to do so will result in the case being ...