Harwood v. United States of America
| James Harwood |
| United States of America |
| 0:2023cv60454 |
| March 10, 2023 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate Sentence |
| None |
Docket Report
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Filing 6
ORDER TO SHOW CAUSE. Signed by Judge Rodolfo A. Ruiz, II on 4/13/2023. See attached document for full details. (daa)
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Filing 5
ORDER OF INSTRUCTIONS TO PRO SE SECTION 2255 MOVANT. Signed by Judge Rodolfo A. Ruiz, II on 4/13/2023. See attached document for full details. (daa)
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Filing 4
PAPERLESS ORDER granting in part and denying in part #3 Motion for Extension of Time. Movant requests an additional "ninety (90) days to file a brief to attach to his 2255 motion." Motion at 2. Rule 2(b) of the Rules Governing Section 2255 Proceedings requires that a Motion to Vacate under 28 U.S.C. 2255 "specify all the grounds for relief available to the moving party" and "state the facts supporting each ground." In re Jackson, 826 F.3d 1343, 1350 n.7 (11th Cir. 2016). The Court has reviewed the Motion to Vacate and concludes that it already meets the heightened pleading standards of 2255. Therefore, the Court finds that additional briefing is not warranted at this time and that a ninety-day extension of time to do so is excessive and conflicts with 2255's goal of establishing "finality in post-conviction proceedings." Jones v. United States, 304 F.3d 1035, 1039 (11th Cir. 2002). However, being mindful of the fact that motions for extensions of time "should be liberally granted absent a showing of bad faith or undue prejudice," the Court is willing to grant Movant a thirty (30) day extension of time to file an additional brief or memorandum of law. Lizarazo v. Miami-Dade Corr. & Rehab. Dep't, 878 F.3d 1008, 1012 (11th Cir. 2017) (alteration omitted). The Court will then solicit a response from the Government even if Movant's brief is not filed in a timely manner. Signed by Judge Rodolfo A. Ruiz, II on 3/10/2023. (cps)
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Filing 3
MOTION for Extension of Time file Brief of Supporting Arguments re #1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) by James Harwood.(daa)
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Filing 2
Judge Assignment to Judge Rodolfo A. Ruiz, II. (daa)
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Filing 1
MOTION (Complaint) to Vacate Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 0:21-cr-60216-RAR-1), filed by James Harwood.(daa)
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| Plaintiff: James Harwood | |
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| Defendant: United States of America | |
| Represented By: | Noticing 2255 US Attorney |
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