HERBERT LEE BUTLER v. SCOTT ISRAEL SHERIFF

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Supreme Court of Florida.

HERBERT LEE BUTLER Petitioner(s) v. SCOTT J. ISRAEL, SHERIFF Respondent(s)

CASE NO.: SC16-2295

Decided: February 14, 2017

The petition for writ of habeas corpus is hereby transferred to the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida (Case No. 11-012907CF10A and 11-019848CF10A ), for consideration as a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. 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 Appeals, 201 Southeast 6th Street, Fort Lauderdale, Florida 33301.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.

A True Copy

Test:

John A. Tomasino Clerk, Supreme Court

two

Served:

HERBERT LEE BUTLER

SCOTT J. ISRAEL, SHERIFF

HON. BRENDA D. FORMAN, CLERK

CELIA A. TERENZIO

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