Heromin v. United States of America et al
| Ronald John Heromin |
| United States of America and Warden FCI Butner Low |
| 8:2023cv01572 |
| July 26, 2023 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Prisoner: Vacate Sentence |
| 28 U.S.C. § 2255 Motion to Vacate Sentence |
| None |
Docket Report
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This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
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| Filing 23 RESPONSE in Opposition re #4 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Aycock, John) |
Filing 22
ENDORSED ORDER: In light of the Court's order granting Heromin's motion to withdraw but concluding that the Court will proceed with the construed Section 2255 motion as written, the Court denies as moot the United States of America's motion for extension of time to file a response to the construed Section 2255 motion. (Doc. #20). Response due September 22, 2023. Signed by Judge Virginia M. Hernandez Covington on 9/22/2023. (DMD)
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Filing 21
ENDORSED ORDER: Heromin has now filed a pro se construed motion to withdraw his earlier pro se motion to proceed with Section 2255 motion and to appoint counsel. (Doc. #18). However, before this motion to withdraw was docketed, the Court granted in part and denied in part the motion to proceed with Section 2255 motion and to appoint counsel. (Doc. # 17). In light of Heromin's desire to withdraw the motion, the Court grants the motion to withdraw and vacates its prior order on the motion to proceed with Section 2255 motion and to appoint counsel. (Id.). However, the vacatur of that order does not alter the August 31, 2023 deadline set by the Court's Castro warning and order (Doc. #15), which directed Heromin to advise this Court whether he seeks to "1. Proceed under 28 U.S.C. 2255 on those claims in his [construed "Plea for Ruling" motion (Doc. # 4)] ; 2. Amend his motion to assert any additional claims under 28 U.S.C. 2255 on which he wishes to challenge the conviction and sentence imposed upon him by this court; or 3. Withdraw his motion." (Id.). As the Court's Castro warning and order explained, "Heromin is cautioned that if he fails to file a timely response in compliance with this order, which requires that he advise the Court he wishes to do one of the above, this cause shall proceed as an action under 28 U.S.C. 2255, with the Court considering only those claims in his original motion." (Id. at 2-3). The Court will not extend that August 31 deadline now. Because Heromin has failed to file any other document explaining his intentions as to the construed Section 2255 motion by the August 31 deadline, this case shall proceed with the Court considering only the claim contained in the construed Section 2255 motion. (Doc. #4). Signed by Judge Virginia M. Hernandez Covington on 9/22/2023. (DMD)
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| Filing 20 MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Vacate, Set Aside or Correct Sentence (2255) pending the resolution of Ronald John Heromin's request to withdraw his "Motion to Proceed with 2255 Motion" by United States of America. (Aycock, John) |
| Filing 19 RESPONSE to Motion re #18 MOTION to Withdraw filed by United States of America. (Aycock, John) |
| Filing 18 MOTION to Withdraw #16 MOTION to Proceed with 2255 and MOTION to Appoint Counsel by Ronald John Heromin. (Attachments: #1 Mailing Envelope)(JNB) |
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Filing 17
ENDORSED ORDER granting in part and denying in part Ronald John Heromin's pro se motion to proceed with Section 2255 motion and to appoint counsel. (Doc. #16). The Court grants the motion to the extent that the Court will proceed with construing Heromin's motion (Doc. #4) as a Section 2255 motion. The United States of America's response to the construed Section 2255 motion is now due September 21, 2023. After the government's response is filed, Heromin's reply brief is due 25 days thereafter--that is, by October 16, 2023. However, the Court denies the motion to the extent that it seeks appointment of counsel. The Court declines to appoint counsel for Heromin because due process and the ends of justice do not require that an attorney assist Heromin. Heromin is capable of communicating with and making his arguments to the Court, and his claims are not particularly complex and do not require significant factual development. See Alston v. United States, No. 3:13-cr-124-MMH-MCR, 2023 WL 2974174, at *13 (M.D. Fla. Apr. 17, 2023) (noting that "there is no constitutional right to counsel in post-conviction proceedings" and denying requests to appoint counsel because the "claims Alston seeks to raise are not complex, do not require significant factual development, and Alston is capable of presenting his claims"). If the Court subsequently determines that an evidentiary hearing is required after briefing has concluded, then the Court will appoint counsel. See Rule Governing Section 2255 Proceedings 8(c) (requiring that counsel be appointed upon determination that an evidentiary hearing is required). Signed by Judge Virginia M. Hernandez Covington on 8/22/2023. (DMD)
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| Filing 16 MOTION to Proceed with 2255 and MOTION to Appoint Counsel by Ronald John Heromin. (Attachments: #1 Mailing Envelope)(MCB) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 8/22/2023 to edit docket text (BCB). |
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Filing 15
ORDER re recharacterized Section 2255 motion. (Doc. #4). See Order for details. Signed by Judge Virginia M. Hernandez Covington on 8/1/2023. (DMD)
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Filing 14
ENDORSED ORDER granting the United States of America's "request for Court-issued Castro warning and motion to extend response date." (Doc. #13). The Court will issue a Castro warning shortly. The government's response is now due 30 days after Heromin's deadline to decide whether to proceed under Section 2255. Signed by Judge Virginia M. Hernandez Covington on 8/1/2023. (DMD)
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| Filing 13 MOTION for Miscellaneous Relief, specifically request for Court-Issued Castro Warning and Motion to Extend Response Date by United States of America. (Aycock, John) |
| Filing 12 Notice of substitution of AUSA. John Aycock substituting for John Cannizzaro. (Aycock, John) |
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Filing 11
ORDER directing the United States of America to respond to the motion to vacate. Response due by 8/28/2023. Petitioner may have 25 days to reply to the response. Signed by Judge Virginia M. Hernandez Covington on 7/27/2023. (DMD)
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| Filing 10 Case Reassigned to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:23-cv-1572-VMC-SPF. Judge Steven D. Merryday, Magistrate Judge Thomas G. Wilson no longer assigned to the case per ruling from Eastern District of North Carolina that this is a 2255 re: 8:11-cr-00550-VMC-SPF. (JNB) |
| Filing 9 TRANSFER IN from the Eastern District of North Carolina. Case assigned to District Judge Steven D. Merryday and Magistrate Judge Thomas G. Wilson. New Case Number: 8:23-cv-1572-SDM-TGW. (JNB) |
| Filing 8 Case transferred in from District of North Carolina Eastern; Case Number 5:22-hc-02186. File received electronically |
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Filing 7
ORDER - The Clerk of Court is DIRECTED to transfer this action to the United States District Court for the Middle District of Florida. Because the court has conducted its initial review of petitioner's 2241 petition, his motion for a ruling (DE 6) is DENIED as MOOT. Signed by Chief Judge Richard E. Myers II on 7/24/2023. Copy of order sent to petitioner via US Mail. (Lopez, R.) [Transferred from nced on 7/26/2023.]
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| Filing 6 MOTION for ruling filed by Ronald John Heromin. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from nced on 7/26/2023.] |
| Motion Submitted to Chief Judge Richard E. Myers II regarding #6 MOTION for ruling. (Lopez, R.) [Transferred from nced on 7/26/2023.] |
| Filing 5 Letter from Ronald Heromin regarding the Ruan v. United States ruling. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from nced on 7/26/2023.] |
| Filing 4 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Ronald John Heromin. (Attachments: #1 Documents in Support, #2 Envelope) (Lopez, R.) [Transferred from nced on 7/26/2023.] Modified event and text on 7/27/2023 (JNB). |
| Motion Submitted to Chief Judge Richard E. Myers II regarding #4 MOTION to Vacate conviction. (Lopez, R.) [Transferred from nced on 7/26/2023.] |
| Filing 3 Document: Copies of envelopes sent to the US Attorney's Office submitted as proof of service filed by Ronald John Heromin. (Attachments: #1 Letter in support, #2 Envelope) (Lopez, R.) [Transferred from nced on 7/26/2023.] |
| Filing 2 Letter regarding case opening sent to petitioner via US Mail. (Lopez, R.) [Transferred from nced on 7/26/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Ronald John Heromin. (Attachments: #1 Documents in Support, #2 Envelope) (Indig, A.) [Transferred from nced on 7/26/2023.] |
| Filing fee: $ 5, receipt number 5-269 (Lopez, R.) [Transferred from nced on 7/26/2023.] |
| Case Submitted to Chief Judge Richard E. Myers II for initial review. Once a review is completed an order will enter and the next appropriate step will be taken. (Lopez, R.) [Transferred from nced on 7/26/2023.] |
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