3:25-cv-00428•BUCHER v. SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION DIETER CLAUS BUCHER, Petitioner, v. Case No. 3:25cv428-TKW/MAF SECRETARY, Florida Department of Corrections, Respondent. _______________________/ REPORT AND RECOMMENDATION On or about March 26, 2025, Petitioner Dieter Claus Bucher, proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. On December 3, 2025, Respondent filed an answer, with exhibits. ECF No. 11. Thereafter, Petitioner Bucher requested leave to file an amended § 2254 petition, which this Court granted by order on January 27, 2026, allowing Petitioner until March 30, 2026, to file the amended petition. ECF No. 15; see ECF No. 16. Petitioner requested an extension of time to file the amended petition, ECF No. 17, and this Court granted that request, allowing him until May 29, 2026, to do so, ECF No. 18. To date, the Court has not received anything else from Petitioner Bucher. Case 3:25-cv-00428-TKW-MAF Document 20 Filed 06/10/26 Page 1 of 4
Page 2 of 4 Case No. 3:25cv428-TKW/MAF On June 4, 2026, counsel for Respondent filed a Suggestion of Death. ECF No. 19. As Respondent indicates, according to the website for the Florida Department of Corrections, Petitioner Bucher is deceased. See id. at 2; pubapps.fdc.myflorida.com/offenderSearch (indicating information is current as of 5/10/26). Based on the foregoing, the § 2254 petition, ECF No. 1, filed by Dieter Claus Bucher should be dismissed as moot. See, e.g., Bruno v. Sec’y, Fla. Dep’t of Corr., 700 F.3d 445 (11th Cir. 2012) (“The death of the habeas petitioner renders a habeas action moot.” (citing Dove v. United States, 423 U.S. 325 (1976))). Certificate of Appealability Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts provides that “[t]he district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant,” and if a certificate is issued “the court must state the specific issue or issues that satisfy the showing required by 28 U.S.C. § 2253(c)(2).” Rule 11(b) provides that a timely notice of appeal must still be filed, even if the court issues a certificate of appealability. Petitioner fails to make a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, Case 3:25-cv-00428-TKW-MAF Document 20 Filed 06/10/26 Page 2 of 4
Page 3 of 4 Case No. 3:25cv428-TKW/MAF 483-84 (2000) (explaining substantial showing) (citation omitted). Therefore, the Court should deny a certificate of appealability. The second sentence of Rule 11(a) provides: “Before entering the final order, the court may direct the parties to submit arguments on whether a certificate should issue.” The parties shall make any argument as to whether a certificate should issue by filing objections to this Report and Recommendation. Leave to appeal in forma pauperis should also be denied. See Fed. R. App. P. 24(a)(3)(A) (providing that before or after notice of appeal is filed, the court may certify appeal is not in good faith or party is not otherwise entitled to appeal in forma pauperis). Recommendation It is therefore respectfully RECOMMENDED that the § 2254 petition (ECF No. 1) filed by Dieter Claus Bucher be DISMISSED as moot. It is further RECOMMENDED that a certificate of appealability be DENIED and that leave to appeal in forma pauperis be DENIED. IN CHAMBERS at Tallahassee, Florida, on June 10, 2026. S/ Martin A. Fitzpatrick MARTIN A. FITZPATRICK UNITED STATES MAGISTRATE JUDGE Case 3:25-cv-00428-TKW-MAF Document 20 Filed 06/10/26 Page 3 of 4
Page 4 of 4 Case No. 3:25cv428-TKW/MAF NOTICE TO THE PARTIES Within fourteen (14) days after being served with a copy of this Report and Recommendation, a party may serve and file specific written objections to these proposed findings and recommendations. Fed. R. Civ. P. 72(b)(2). A copy of the objections shall be served upon all other parties. A party may respond to another party’s objections within fourteen (14) days after being served with a copy thereof. Fed. R. Civ. P. 72(b)(2). Any different deadline that may appear on the electronic docket is for the Court’s internal use only and does not control. If a party fails to object to the magistrate judge’s findings or recommendations as to any particular claim or issue contained in a Report and Recommendation, that party waives the right to challenge on appeal the district court’s order based on the unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636. Case 3:25-cv-00428-TKW-MAF Document 20 Filed 06/10/26 Page 4 of 4
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