Brinson v. Secretary, Department of Corrections et al

Filing 3

ORDER re 1 Petition for writ of habeas corpus filed by Larry E. Brinson. Response due within eleven (11) days from the date of this Order. The Clerk is directed to attach a habeas corpus form for the Petitioner. Signed by Judge Karla R. Spaulding on 11/17/2006. (SJB, )

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Brinson v. Secretary, Department of Corrections et al Doc. 3 Case 6:06-cv-01753-JA-KRS Document 3 Filed 11/17/2006 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION LARRY E. BRINSON, Petitioner, v. STATE OF FLORIDA, et al., Respondents. CASE NO. 6:06-cv-1753-Orl-28KRS ORDER Petitioner filed a handwritten petition for declaratory relief or for relief pursuant to Federal Rule of Civil Procedure 60(b).1 Petitioner is seeking relief from his state conviction and sentence. It appears, therefore, that the petition should be characterized as a petition for habeas corpus relief pursuant to 28 U.S.C. 2254. Accordingly, not later than ELEVEN (11) DAYS from the date of this Order, if Petitioner intends to proceed pursuant to 28 U.S.C. 2254, he shall file his habeas corpus petition on the habeas corpus form provided as an attachment to this Order by the Clerk. Petitioner shall also provide the Clerk with one (1) additional copy of the revised petition for each named Respondent. If Petitioner does not intend to proceed pursuant to 28 U.S.C. 2254, he shall file a memorandum addressing why his claims are cognizable pursuant to the statutes and rule on which he relies. This case will be dismissed without further notice if Petitioner fails to file the habeas The Court notes that Petitioner does not reference any judgment or sentence entered by this Court from which he seeks relief pursuant to Federal Rule of Civil Procedure 60(b). 1 Dockets.Justia.com Case 6:06-cv-01753-JA-KRS Document 3 Filed 11/17/2006 Page 2 of 2 petition or the memorandum within this time period. DONE AND ORDERED at Orlando, Florida, this 17th day of November, 2006. Karla R. Spaulding KARLA R. SPAULDING UNITED STATES MAGISTRATE JUDGE Copies to: sc 11/15 Larry E. Brinson

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