WUERTLEY v. MCNEIL, SC09-1256 (Fla. 7-24-2009)

SHAWN R. WUERTLEY, Petitioner(s) v. WALTER A. MCNEIL, ETC., Respondent(s).

Case No. SC09-1256.Supreme Court of Florida.
July 24, 2009.

Lower Tribunal No(s). 1D09-1954, 16-2000-CF-13298-A.

The petition for writ of habeas corpus is hereby transferred, pursuant to Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), to the Circuit Court of the First Judicial Circuit, in and for Walton County, Florida. 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. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court and is instructed to consider expediting the petition as it appears to be time sensitive based upon the allegations; however, a determination to expedite consideration is at the discretion of the transferee 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 P.O. Box 1260, Defuniak Springs, Florida 32433.

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