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Summers v. McNeil

Supreme Court of Florida
Jan 11, 2011
Case No. SC10-2283 (Fla. Jan. 11, 2011)

Opinion

Case No. SC10-2283.

January 11, 2011.

Lower Tribunal No(s). 42-07-CF-5399, 42-07-CF-3631, 42-08-CF-1413, 42-09-CF-0618.


Petitioner has submitted a "Motion for Postconviction Relief," which this Court has treated as a petition for writ of habeas corpus. The petition is hereby transferred to the Circuit Court of the Fifth Judicial Circuit in and for Marion County, Florida, for consideration as a motion for postconviction relief filed pursuant to either Florida Rule of Criminal Procedure 3.850 or 3.800(a). 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 should be considered as a motion for postconviction relief. 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. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court. 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 circuit court at 110 NW First Avenue, Ocala, Florida 34475.


Summaries of

Summers v. McNeil

Supreme Court of Florida
Jan 11, 2011
Case No. SC10-2283 (Fla. Jan. 11, 2011)
Case details for

Summers v. McNeil

Case Details

Full title:TYRONE SUMMERS, Petitioner(s) v. WALTER A. McNEIL, ETC., Respondent(s)

Court:Supreme Court of Florida

Date published: Jan 11, 2011

Citations

Case No. SC10-2283 (Fla. Jan. 11, 2011)