Sylvester v. Secretary, Department of Corrections et al

Filing 17

ORDER discharging Order to Show Cause Signed by Judge Roy B. Dalton, Jr. on 1/23/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
KAMAL SYLVESTER,
Petitioner,
v.

CASE NO. 6:15-cv-2006-Orl-37DCI

SECRETARY, DEPARTMENT
OF CORRECTIONS, et al.,
Respondents.

ORDER
Respondents have filed a Response to this Court’s Order to Show Cause. (Doc. 16).
The Court directed Respondents to show cause why sanctions should not be imposed for
failing to comply with the Court’s November 28, 2016 Order directing Respondents to
file a Response addressing Petitioner’s equitable tolling arguments and a Supplemental
Appendix within thirty days from the date of the Order. (Doc. 14). In response to the
Order, Respondents assert that the deadline was not calendared through administrative
error and that they did not discover their error until the show cause order issued. (Doc.
16 at 1). Respondents further filed a Response to Petitioner’s Reply arguing equitable
tolling and a Supplemental Appendix. See Doc. Nos. 15, 15-1. The Court is concerned
about Respondents’ failure to calendar deadlines imposed by court order, whether
advertent or not, as well as the rather cavalier attitude demonstrated by the response to
the show cause order. No explanation of how or why the asserted calendar error occurred
is provided. No contrition is expressed for the failure to comply. Likewise, counsel’s

response fails to accept personal responsibility for non-compliance with the Court’s order
and imposed deadline but rather places the blame on unnamed administrative personnel
or procedures. Counsel is warned that any future failure to comply with the Court’s
orders will likely result in sanctions. In light of Respondents’ filing of the Response to
Petitioner’s Reply (Doc. 15) and Supplemental Appendix (Doc. 15-1), the Court will take
no further action on the Order to Show Cause. Therefore, the Order to Show Cause (Doc.
14) is DISCHARGED.
DONE AND ORDERED in Orlando, Florida, this 23rd day of January, 2017.

Copies to:
OrlP-1
Kamal Sylvester
Counsel of Record

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