Elawyers Elawyers
Ohio| Change

JOHNSON v. CREWS, infdco20130906764 (2013)

Court: District Court, N.D. Florida Number: infdco20130906764 Visitors: 9
Filed: Sep. 04, 2013
Latest Update: Sep. 04, 2013
Summary: ORDER FEDERICO A. MORENO, District Judge. THIS MATTER is before the Court upon Petitioner Ronnie Johnson's pro se request for the status of his Rule 60(b) Motion [DE 65]. 2 A review of the docket clearly shows that Mr. Johnson's Rule 60(b) Motion [DE 60] was DENIED two years ago. [DE 64]. Ronnie Johnson is on death row at the Union Correctional Institution in Raiford, Florida, following a conviction in 1991 for first degree murder. On March 29, 2007, the Court issued its Order denying Mr.
More

ORDER

FEDERICO A. MORENO, District Judge.

THIS MATTER is before the Court upon Petitioner Ronnie Johnson's pro se request for the status of his Rule 60(b) Motion [DE 65].2 A review of the docket clearly shows that Mr. Johnson's Rule 60(b) Motion [DE 60] was DENIED two years ago. [DE 64].

Ronnie Johnson is on death row at the Union Correctional Institution in Raiford, Florida, following a conviction in 1991 for first degree murder. On March 29, 2007, the Court issued its Order denying Mr. Johnson's petition for writ of habeas corpus by a person in state custody as untimely. [DE 35]. Four years later, Petitioner filed a Motion to Set Aside Judgment pursuant to Rule 60(b). [DE 60]. On July 6, 2011, the Motion was DENIED. [DE 64]. The Court denied the Motion because "Petitioner waited almost an entire year from the time Holland was issued to file the instant motion" and the Court did not find that this was "within a reasonable time" as contemplated by the Rule. Further, the Court did not find that Holland "is an exceptional circumstance as interpreted by Rule 60(b)(6)." [DE 64] at 5). The Court concluded by finding that "the interest of finality demands the result." (Id. at 7).

At the time that the Order denying his Rule 60(b)(6) Motion was entered, Mr. Johnson was represented by Charles White, Esq. (See [DE 63]). In fact, Mr. White filed a Motion to Renew Appointment Under the Criminal Justice Act to represent Mr. Johnson specifically in his Rule 60(b) litigation. [DE 62]. The Motion was promptly granted and Mr. White remains counsel of record. [DE 63]. As counsel of record, Mr. White must "keep the client reasonably informed about the status of the matter." See Rules Regulating Florida Bar 4-1.4 (a)(3). Therefore, Mr. White is ordered to immediately provide Mr. Johnson with copies of the Court's Order denying his Rule 60(b) Motion. [DE 64].

DONE and ORDERED.

FootNotes


1. Edwin G. Buss is no longer the Secretary of the Department of Corrections Michael D. Crews is now the proper respondent in this proceeding. Crews should, therefore, "automatically" be substituted as a party under Federal Rule of Civil Procedure 25(d)(1). The Clerk is directed to docket and change the designation of the Respondent.
2. Petitioner also requested a status update in a companion case 05-CIV-23293-MORENO. Similar to the instant case, the Court denied Mr. Johnson's petition for writ of habeas corpus in that case as untimely. [DE 55]. The Court also denied his Motion to Set Aside Judgment pursuant to Rule 60(b) two years ago. [DE 86].
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer