Aguedo v. United States of America
| Zacharias Abab Aguedo |
| United States of America and Walter Woods |
| Staff Attorneys |
| 2:2019cv00693 |
| September 20, 2019 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| Sheri Polster Chappell |
| Mac R McCoy |
| John E Steele |
| Prisoner: Vacate Sentence |
| 28 U.S.C. § 2255 |
| None |
Docket Report
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This docket was last retrieved on October 3, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 CHALLENGE to the Courts jurisdiction by Zacharias Abab Aguedo (Attachments: #1 Mailing Envelope)(SLU) |
| Filing 20 JUDGMENT in favor of Respondent against Petitioner (Signed by Deputy Clerk) (SLU) |
Filing 19
ORDER re construed Motion to Vacate under 28 U.S.C. 2255 #1 Petition for writ of habeas corpus filed by Zacharias Abab Aguedo is denied without prejudice as premature. Petitioner may refile a motion to vacate under 2255 within one year from the date his conviction becomes final. The Clerk is DIRECTED to terminate any pending motions and deadlines and CLOSE this case. The Clerk is DIRECTED to provide Petitioner with a blank 2255 form with this Order for his future use, if appropriate, and docket this Opinion and Order in the criminal file at 2:15-cr-115-FtM-38MRM and terminate any pending motions therein. Signed by Judge Sheri Polster Chappell on 10/2/2019. (SLU)
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| Filing 18 NOTICE of pendency of related cases re #16 Related case order and track 1 notice per Local Rule 1.04(d) by United States of America. Related case(s): yes (Eth, Simon) |
| Filing 17 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 9/23/2019. (SLU) |
| Filing 16 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 1. Notice of pendency of other actions due by 10/7/2019. Signed by All Divisional Judges on 9/23/2019. (SLU) |
| Filing 15 TRANSFER IN from the Middle District of Alabama (Northern Division). Case assigned to District Judge Sheri Polster Chappell and Magistrate Judge Mac R. McCoy. New Case Number: 2:19-cv-693-FtM-38MRM. (SLU) |
| Filing 14 Case Reassigned to Judge Sheri Polster Chappell. New case number: 2:19-cv-693-FtM-38MRM. Judge John E. Steele no longer assigned to the case. (laf) |
| Filing 13 Case transferred in from District of Alabama Middle; Case Number 2:19-cv-00480. File received electronically |
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Filing 12
OPINION AND ORDER: it is ORDERED as follows: 1) The objections (doc. no. #11) are overruled. 2) The magistrate judge's recommendation (doc. no. #9) is adopted. 3) The motion to clarify (doc. no. #10) is denied. 4) This case is transferred to the United States District Court for Middle District of Florida pursuant to 28 USC 1631. The clerk of the court is DIRECTED to take appropriate steps to effect the transfer. This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 9/20/2019. (cnw, ) [Transferred from almd on 9/20/2019.]
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| Case transferred to Middle District of Florida. Electronically transferred via CM/ECF transfer to Clerk. (cnw, ) [Transferred from almd on 9/20/2019.] |
| Filing 11 OBJECTION to #9 Report and Recommendations by Zacharias Abab Aguedo. (cnw, ) [Transferred from almd on 9/20/2019.] |
| Filing 10 (Question to the Court) MOTION to Clarify by Zacharias Abab Aguedo. (cnw, ) [Transferred from almd on 9/20/2019.] |
| Filing 9 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that this case be TRANSFERRED to the United States District Court for the Middle District of Florida under 28 USC 1631; Objections to R&R due by 9/12/2019. Signed by Honorable Judge Charles S. Coody on 8/29/2019. (wcl, ) [Transferred from almd on 9/20/2019.] |
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Filing 8
ORDER ON MOTION: construing Petitioner's self-styled Motion for Declaratory Relief (doc. #7), as a motion for leave to file a motion for declaratory relief. ORDERING that Petitioner's motion for leave to file a motion for declaratory relief (doc. #7) is DENIED. Signed by Honorable Judge Charles S. Coody on 8/28/2019. (cnw, ) [Transferred from almd on 9/20/2019.]
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| Filing 7 MOTION for Declaratory Relief by Zacharias Abab Aguedo. Construed as a motion for leave to file a motion for declaratory relief pursuant to the Court's #8 order (cnw, ) [Transferred from almd on 9/20/2019.] |
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Filing 6
ORDER: The court's #2 order of 7/8/2019 is amended to further advise Petitioner, as set out in order; further ORDERING the Petitioner is granted an extension to 8/7/2019, to inform the court if he wishes to do one of the following: (a) Continue to proceed only on the claims he presents in the construed #1 2255 motion; or (b) Amend the construed 2255 motion to assert any additional claims he wishes to assert under 2255 in challenging his convictions and sentences; or (c) Withdraw the construed 2255 motion and dismiss this action, as further set out in order. Signed by Honorable Judge Charles S. Coody on 7/31/2019. (cnw, ) [Transferred from almd on 9/20/2019.]
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| Filing 5 AMENDMENT TO #2 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Amended Subject Matter Jurisdiction Provision, filed by Zacharias Abab Aguedo.(wcl, ) [Transferred from almd on 9/20/2019.] |
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Filing 4
ORDER: It is ORDERED that petitioner's #3 objections are overruled. Signed by Honorable Judge Myron H. Thompson on 7/18/2019. (cnw, ) [Transferred from almd on 9/20/2019.]
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| Filing 3 Objection to re #2 Order, filed by Zacharias Abab Aguedo. (cnw, ) [Transferred from almd on 9/20/2019.] |
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Filing 2
ORDER: it is ORDERED that: 1) The instant petition be construed as a motion to vacate under 28 USC 2255; 2) The United States of America shall henceforth be listed as the sole respondent in this case; 3) On or before 7/22/2019, Aguedo shall inform the court if he wishes to do one of the following: (a) Continue to proceed only on the claims he presents in the construed 2255 motion; or (b) Amend the construed 2255 motion to assert any additional claims he wishes to assert under 2255 in challenging his convictions and sentences; or (c) Withdraw the construed 2255 motion and dismiss this action, as further set out in order. Signed by Honorable Judge Charles S. Coody on 7/8/2019. (cnw, ) [Transferred from almd on 9/20/2019.]
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| MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Zacharias Abab Aguedo, as construed in the court's #2 order. (No pdf attached to this entry - see doc #1 for pdf)(cnw, ) [Transferred from almd on 9/20/2019.] |
| Filing 1 (Construed as a 2255 Motion pursuant to the Court's #2 Order) PETITION for Writ of Habeas Corpus, filed by Zacharias Abab Aguedo. (NO FILING FEE; NO IFP) (bes, ) Modified on 7/8/2019 (cnw, ). [Transferred from almd on 9/20/2019.] |
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