Opinion
CASE NO.: SC13-1489 Lower Tribunal No.: 3D12-1602 Lower Tribunal No.: 11-2920
01-21-2014
CARLUS MCKAUFMAN Petitioner(s) v. JERRY CUMMINGS, WARDEN Respondent(s)
The order to show cause issued by this Court on September 19, 2013, is hereby discharged.
The petition for writ of habeas corpus is hereby transferred to the Third District Court of Appeal, for consideration in the context of his pending appeal. The transfer of this case should not be construed as an adjudication or comment on the merits of the petition, nor as a determination that the transferee court has jurisdiction or that the petition has been properly denominated as a petition for writ of habeas corpus. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. Any determination concerning whether a filing fee shall be applicable to this case shall be made by the transferee court. Any and all pending motions in this case are hereby deferred to the transferee court.
Any future pleadings filed regarding this case should be filed in the above mentioned district court at 2001 SW 117th Avenue, Miami, FL 33175. PARIENTE, LEWIS, QUINCE, CANADY, and PERRY, JJ., concur. A True Copy
Test:
__________________________
John A. Tomasino
Clerk, Supreme Court
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Served:
JERRY CUMMINGS
CARLUS MCKAUFMAN
HON. PAMELA JO BONDI
HON. HARVEY RUVIN, CLERK
HON. MARY CAY BLANKS, CLERK