Patel v. United States of America
| Viraj Anilkumar Patel |
| United States of America |
| 8:2025cv02910 |
| October 24, 2025 |
| U.S. District Court for the Middle District of Florida |
| Sean P Flynn |
| Steven D Merryday |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate Sentence |
| None |
Docket Report
This docket was last retrieved on February 17, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 REPLY to Response to Motion re #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 8:24-cr-252-SDM-SPF filed by Viraj Anilkumar Patel. (Attachments: #1 Exhibit 1, #2 Mailing Envelope)(LNR) |
| Filing 10 JUDGMENT pursuant to the Court's Order entered 02/05/2026, the Defendant's motion to vacate, set aside or correct sentence, is hereby GRANTED on Ground One, the claim that counsel failed to appeal. The other grounds are DISMISSED WITHOUT PREJUDICE. (Signed by Deputy Clerk) (LJC) |
Filing 8
ORDER granting #1 Motion to Vacate / Set Aside / Correct Sentence (2255) limited to Ground One, the claim that counsel failed to appeal. The other grounds are DISMISSED WITHOUT PREJUDICE. The clerk must (1) enter a judgment for Patel in the civil case and CLOSE the civil case and (2) enter a copy of this order in the criminal case and GRANT the motion to vacate (Doc. 43) that pends in the criminal case. All further proceedings will occur in the criminal action. Signed by Senior District Judge Steven D. Merryday on 2/5/2026. (RO) Modified on 2/5/2026 (RO).
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| Filing 7 ENDORSED ORDER granting #6 Motion for Leave to File Out-Of-Time Response. The clerk must detach and file the attached response. Signed by Senior District Judge Steven D. Merryday on 2/5/2026. (RO) |
| Filing 9 RESPONSE to Motion re #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 8:24-cr-252-SDM-SPF filed by United States of America. (LJC) |
| Filing 6 MOTION for Leave to File Out-of-Time Response by United States of America. (Attachments: #1 Response to Section 2255 Motion)(Tiffin, Dawn) |
| Filing 5 NOTICE of Appearance by Dawn A. Tiffin on behalf of United States of America (Tiffin, Dawn) |
Filing 4
ORDER denying without prejudice #3 Motion to Appoint Counsel. The clerk must send to the United States a copy of the motion and supporting memorandum. (Docs. 1 and 2) Not later than MONDAY, JANUARY 24, 2026, the United States must respond to only the claim that trial counsel rendered ineffective assistance by not appealing. Not later than MONDAY, FEBRUARY 2, 2026 (or thirty days after the United States responds to this order, whichever occurs later), Patel may reply. Signed by Senior District Judge Steven D. Merryday on 11/6/2025. (RO)
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| Filing 3 MOTION to Appoint Counsel by Viraj Anilkumar Patel. (AW) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 2 MEMORANDUM in support re #1 Motion to Vacate / Set Aside / Correct Sentence (2255) filed by Viraj Anilkumar Patel. (AW) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 8:24-cr-252-SDM-SPF filed by Viraj Anilkumar Patel. (Attachments: #1 Mailing Envelope)(AW) |
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| Plaintiff: Viraj Anilkumar Patel | |
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| Defendant: United States of America | |
| Represented By: | Jennifer Lynn Peresie |
| Represented By: | James A. Muench |
| Represented By: | Dawn A. Tiffin |
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