Vargas v. United States of America
Defendant: United States of America
Petitioner: Jose Louis Ramos Vargas
Case Number: 3:2014cv01282
Filed: October 20, 2014
Court: U.S. District Court for the Middle District of Florida
Office: Jacksonville Office
County: Duval
Presiding Judge: Marcia Morales Howard
Referring Judge: Joel B Toomey
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. § 2255
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 18, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2016 Filing 27 JUDGMENT that pursuant to this Court's Order entered on August 17, 2016, judgment is hereby entered in favor of Petitioner Jose Louis Ramos Vargas to the extent that his sentence is Vacated. Signed by Deputy Clerk on 8/18/2016. (AET)
August 17, 2016 Opinion or Order Filing 26 ORDER granting #12 Amended Motion to Vacate, Set Aside, or Correct Sentence as to Ground Three; granting 24 Oral Motion to Withdraw Grounds One and Two of the Amended Motion to Vacate. Signed by Judge Marcia Morales Howard on 8/17/2016. (JHC)
August 16, 2016 Filing 25 Minute Entry for proceedings held before Judge Marcia Morales Howard: TELEPHONIC STATUS CONFERENCE held on 8/16/2016. Court Reporter: Cindy Packevicz Jarriel (JW)
August 16, 2016 Filing 24 ORAL MOTION to withdraw Grounds One and Two of #12 MOTION to Vacate, Set Aside or Correct Sentence (2255) by Jose Louis Ramos Vargas. (JW) Motions referred to Magistrate Judge Joel B. Toomey.
August 11, 2016 Opinion or Order Filing 23 ORDER scheduling telephonic status conference for August 16, 2016, at 2:00 p.m.; granting #21 Motion for Leave to File Belated Response. See Order for details. Signed by Judge Marcia Morales Howard on 8/11/2016. (JHC)
July 22, 2016 Filing 22 REPLY re #19 Amended Response filed by Jose Louis Ramos Vargas. (Joffe, David) Modified on 7/25/2016 to edit text (AET).
July 22, 2016 Filing 21 MOTION for leave to file Belated Response Pursuant to the District Court's Order Dated July 7, 2016 by Jose Louis Ramos Vargas. (Joffe, David) Motions referred to Magistrate Judge Joel B. Toomey.
July 7, 2016 Opinion or Order Filing 20 ORDER directing Petitioner to reply, no later than July 18, 2016, to the United States' #19 Amended Response. Petitioner should advise the Court whether he wishes to maintain his ineffective assistance claims, or whether he wishes to abandon those claims in light of the United States' concession that Johnson v. United States, 135 S. Ct. 2551 (2015), entitles Petitioner to be resentenced. Signed by Judge Marcia Morales Howard on 7/7/2016. (JHC)
July 7, 2016 Filing 19 AMENDED RESPONSE re #12 MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 3:11cr155-J-34JBT filed by United States of America. (Coolican, Michael) Modified on 7/11/2016 to edit text (AET).
July 7, 2016 Filing 18 RESPONSE re #12 MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 3:11cr155-J-34JBT filed by United States of America. (Coolican, Michael)
June 21, 2016 Opinion or Order Filing 17 ORDER granting #16 Motion to Appoint Conflict-Free Counsel. The Federal Public Defender's Office is terminated as counsel. The Court appoints David Jonathon Joffe for Jose Louis Ramos Vargas. Signed by Magistrate Judge Joel B. Toomey on 6/20/2016. (JHC)
June 16, 2016 Filing 16 MOTION to Appoint Counsel (Notice of Conflict and Motion to Appoint Conflict-Free Counsel) by Jose Louis Ramos Vargas. (Song, Danli) Motions referred to Magistrate Judge Joel B. Toomey.
June 15, 2016 Filing 15 NOTICE of ATTORNEY APPEARANCE Re: Post-conviction Relief based on Johnson Appearance by Danli Song on behalf of Jose Louis Ramos Vargas (Song, Danli) Modified on 6/16/2016 to notify counsel re correct caption (AET).
April 11, 2016 Opinion or Order Filing 14 ENDORSED ORDER granting the Government's #13 Motion for Extension of Time to File Response. The Government's Response is due on or before July 11, 2016. Signed by Magistrate Judge Joel B. Toomey on 4/11/2016. (JHC)
April 8, 2016 Filing 13 MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 3:11cr155-J-34JBT by United States of America. (Coolican, Michael) Motions referred to Magistrate Judge Joel B. Toomey.
February 8, 2016 Filing 12 AMENDED MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 3:11cr155-J-34JBT filed by Jose Louis Ramos Vargas. (Attachments: #1 Exhibit A)(AET)
January 28, 2016 Opinion or Order Filing 11 ORDER granting #7 Motion for Leave to File Amended Motion to Vacate. Petitioner shall have until March 14, 2016 to file an Amended Motion to Vacate based on Johnson v. United States, 135 S. Ct. 2551 (2015). The United States shall have until April 12, 2016 to respond to the Amended Motion to Vacate. Signed by Magistrate Judge Joel B. Toomey on 1/28/2016. (JHC)
January 27, 2016 Filing 10 RESPONSE re #7 MOTION to Amend/Correct #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 3:11-cv-155 (S1)-J-34JBT filed by United States of America. (Coolican, Michael)
January 21, 2016 Opinion or Order Filing 9 ORDERED: On or before February 1, 2016, Respondent shall respond to #7 Petitioner's Motion for Leave to File Amended Motion Pursuant to 28 U.S.C. Section 2255, or else it will be deemed unopposed. Signed by Magistrate Judge Joel B. Toomey on 1/21/2016. (VVR)
January 20, 2016 Filing 8 Notice of substitution of AUSA. Michael Coolican substituting for Diidri W. Robinson. (Coolican, Michael)
December 28, 2015 Filing 7 MOTION to Amend #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 3:11-cv-155 (S1)-J-34JBT by Jose Louis Ramos Vargas. (AET) Motions referred to Magistrate Judge Joel B. Toomey.
December 21, 2015 Filing 6 NOTICE of change of address to FCC Allenwood Medium by Jose Louis Ramos Vargas (BD)
April 10, 2015 Filing 5 REPLY re #4 Response in Opposition to Motion by Jose Louis Ramos Vargas. (1 service copy provided) (AET)
February 13, 2015 Filing 4 RESPONSE in Opposition re #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 3:11-cv-155 (S1)-J-34JBT filed by United States of America. (Attachments: #1 USCA opinion, #2 Writ for certiorari denied, #3 Change of plea transcript)(Robinson, Diidri)
November 5, 2014 Opinion or Order Filing 3 ORDERED: The Government shall have until February 13, 2015, to file its response to #1 Petitioner's Motion Under 28 U.S.C. Section 2255. Signed by Judge Marcia Morales Howard on 11/5/2014. (JW)
October 23, 2014 Filing 2 NOTICE of designation under Local Rule 3.05 - track 1. Signed by Deputy Clerk on 10/23/2014. (JW)
October 20, 2014 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 3:11-cv-155-J-34JBT filed by Jose Louis Ramos Vargas.(2 service copies received, post mark date illegible)(CKS)

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Petitioner: Jose Louis Ramos Vargas
Represented By: Danli Song
Represented By: David Jonathon Joffe
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Defendant: United States of America
Represented By: Diidri Robinson
Represented By: Dineen A. Baker
Represented By: Michael Coolican
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