No. 19-8454

Michael Boykin v. Mark S. Inch, Secretary, Florida, Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-05-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: affidavit certificate-of-appealability civil-procedure cumulative-evidence declaration hearsay-evidence in-forma-pauperis ineffective-assistance martinez-rule poverty procedural-default redress
Key Terms:
HabeasCorpus Securities
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the petitioner is entitled to proceed in forma pauperis

Question Presented (OCR Extract)

No question identified. : AFFIDAVIT OR DECLARATION IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, _ Michael Boykin , am the petitioner in the above-entitled case. In support of my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay the costs of this case or to give security therefor; and I believe I am entitled to redress. 1. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source Average monthly amount during Amount expected the past 12 months next month You Spouse You Spouse Employment $__0 g_0 g_O $C Self-employment $__9 $_0 $__0 $_g 0 0 Income from real property $. 0 $ $_ go (such as rental income) Interest and dividends $0 g_0 g__0 $0. Gifts $__o $_0 $__0 $_g 0 0 0 Alimony $ $ $__ go Child Support $9 3° g_° $_9 Retirement (such as social $__0 g_9 $__9 $_0 security, pensions, annuities, insurance) par: . 0 0 0 0 Disability (such as social $ $ $ a security, insurance payments) Unemployment payments g__0 g_9 g_9 = go Public-assistance $__o $_0 $_0 $_g (such as welfare) ; 0 0 0 0 Other (specify): $ $ $ ee Total monthly income: $__0 g_9 g__9 $_0 2. List your employment history for the past two years, most recent first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay Employment Incarcerated since 2005 $o a a a $o a a a $ 8. List your spouse’s employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay Employment __Incarcerated since 2005 a $o Oe a Oe $o a a a $ 4. How much cash do you and your spouse have? $_0 Below, state any money you or your spouse have in bank accounts or in any other financial institution. Type of account (e.g., checking or savings) Amount you have Amount your spouse has a ee a 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. CJ Home CL Other real estate Value Value LC Motor Vehicle #1 0 Motor Vehicle #2 Year, make & model Year, make & model Value Value CJ Other assets Description __ NONE Value 6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or Amount owed to you Amount owed to your spouse your spouse money — N/A $ $ a $G$ S$ a S$ $_ 7. State the persons who rely on you or your spouse for support. For minor children, list initials instead of names (@g. “J.S.” instead of “John Smith”). Name Relationship Age N/A 8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, or annually to show the monthly rate. You Your spouse Rent or home-mortgage payment (include lot rented for mobile home) $__0 g_ 0 Are real estate taxes included? [1 Yes LJ] No Is property insurance included? LL] Yes [J No Utilities (electricity, heating fuel, water, sewer, and telephone) $ 0 9 §_O Home maintenance (repairs and upkeep) go Food g_9 _ ¢ 9 Clothing a : 0 0 Laundry and dry-cleaning $ $ 0 0 Medical and dental expenses $ $ You Your spouse Transportation (not including motor vehicle payments) $ 0 §_0 Recreation, entertainment, newspapers, magazines, etc. $_Q0 $$ 0 Insurance (not deducted from wages or included in mortgage payments) Homeowneyr’s or renter’s $o $0. Life goo $_Q Health $ go §$_Q Motor Vehicle $ go § QO Other: $o $_0 _ Taxes (not deducted from wages or included in mortgage payments) 0 0 (specify): — $n GH Installment payments Motor Vehicle $_ »—_._. $8_ —___ Credit card(s) $_g———._ $_» —_ 0 0 Department store(s) $ GK 0 0 Other: $ GE 0 0 Alimony, ma

Docket Entries

2020-10-05
Petition DENIED.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-06-17
Waiver of right of respondent Mark Inch, Secretary, Florida Department of Corrections to respond filed.
2020-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2020)
2020-02-26
Application (19A940) granted by Justice Thomas extending the time to file until May 7, 2020.
2020-02-14
Application (19A940) to extend the time to file a petition for a writ of certiorari from March 8, 2020 to May 7, 2020, submitted to Justice Thomas.

Attorneys

Mark Inch, Secretary, Florida Department of Corrections
Wesley Heidt — Respondent
Michael Boykin
Gray Richard ProctorLaw Office of Gray Proctor, Petitioner