Ochoa v. United States of America
Fabio Ochoa |
United States of America |
1:2007cv22659 |
October 9, 2007 |
US District Court for the Southern District of Florida |
Miami Office |
Miami-Dade |
Chris M McAliley |
K Michael Moore |
Prisoner: Vacate Sentence |
28 U.S.C. § 2255 Motion to Vacate Sentence |
None |
Docket Report
This docket was last retrieved on October 26, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 188 MANDATE of USCA (certified copy) AFFIRMED Order of the district court with USCA court's opinion RE: #184 Notice of Appeal, filed by Fabio Ochoa. Date Issued: 10/26/2022. USCA Case Number: 18-10755-CC. (jes) |
Filing 187 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #184 Notice of Appeal, Appeal No. 18-10755-CC. The entire record on appeal is available electronically. (hh) |
Filing 186 Clerks Notice of Receipt of Appeal Filing Fee For Fabio Ochoa received on 3/5/2018 in the amount of $ 505.00, receipt number FLS100160520. (vt) |
Filing 185 Acknowledgment of Receipt of NOA from USCA re #184 Notice of Appeal,, filed by Fabio Ochoa. Date received by USCA: 2/27/18. USCA Case Number: 18-10755-C. (hh) |
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #184 Notice of Appeal,, Notice has been electronically mailed. (hh) |
Filing 184 Notice of Appeal as to #183 Order on Motion to Alter Judgment, Order on Motion to Amend/Correct, #180 Order on Report and Recommendations,, by Fabio Ochoa. Filing fee $ 505.00. IFP Filed. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Klugh, Richard) |
Filing 183 ORDER denying #181 Motion to Amend/Correct/Alter Judgment. No Certificate of Appealability shall issue. Signed by Chief Judge K. Michael Moore on 12/26/2017. (cce) |
Filing 182 RESPONSE in Opposition re #181 MOTION to Alter Judgment MOTION to Amend/Correct #180 Order on Report and Recommendations,, filed by United States of America. Replies due by 9/21/2017. (Del Toro, Ricardo) |
Filing 181 MOTION to Alter Judgment , MOTION to Amend/Correct #180 Order on Report and Recommendations,, by Fabio Ochoa. Responses due by 9/6/2017 (Klugh, Richard) |
Filing 180 ORDER Adopting #176 Report and Recommendations. Certificate of Appealability: DENIED. Closing Case. Motions Terminated: #176 REPORT AND RECOMMENDATIONS on 28 USC 2255 case re #10 Amended MOTION to Vacate , Set Aside and Correct Judgment Pursuant to 28 USC 2255, etc. filed by Fabio Ochoa Recommending Denied.. Signed by Chief Judge K. Michael Moore on 7/26/2017. (aby) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. |
Filing 179 OBJECTIONS to #176 Report and Recommendations by Fabio Ochoa. (Klugh, Richard) |
Set/Reset Deadlines/Hearings as per DE 178 : Objections to R&R due by 1/6/2017 (lk) Modified year on 12/16/2016 (lk). |
Filing 178 PAPERLESS ORDER. THIS CAUSE came before the Court upon Movant Fabio Ochoa-Vasquez's #177 Unopposed Motion for 30-Day Extension of Time to File Objections to Report and Recommendation. Objections are currently due on December 23, 2016. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #177 is GRANTED IN PART. Movant shall file his objections on or before January 6, 2016. Signed by Chief Judge K. Michael Moore on 12/15/2016. (aby) |
Filing 177 Unopposed MOTION for Extension of Time to File Objections to Report and Recommendation re #176 REPORT AND RECOMMENDATIONS on 28 USC 2255 case re #10 Amended MOTION to Vacate , Set Aside and Correct Judgment Pursuant to 28 USC 2255, etc. filed by Fabio Ochoa Recommending Denied. by Fabio Ochoa. Responses due by 12/28/2016 (Attachments: #1 Text of Proposed Order)(Klugh, Richard) |
Filing 176 REPORT AND RECOMMENDATIONS on 28 USC 2255 case re #10 Amended MOTION to Vacate , Set Aside and Correct Judgment Pursuant to 28 USC 2255, etc. filed by Fabio Ochoa. Recommending that Motion be Denied. Objections to R&R due by 12/23/2016 Signed by Magistrate Judge Chris M. McAliley on 12/9/2016. (nsy) |
Filing 175 WRIT OF CERTIORARI DENIED by US Supreme Court. The court's mandate having previously issued, no further action will be taken by this court re #150 Notice of Appeal, filed by Fabio Ochoa. USCA #11-15620-FF (amb) |
Filing 174 NOTICE by Fabio Ochoa re #173 Response/Reply (Other) (Attachments: #1 Affidavit of Jorge Gomez (Concerning Conflict of Interest)) (Klugh, Richard) |
Filing 173 RESPONSE/REPLY to #169 Response in Opposition to Motion, by Fabio Ochoa. (Attachments: #1 Appendix A, #2 Appendix B part 1, #3 Appendix B part 2, #4 Appendix C)(Klugh, Richard) |
Filing 172 PAPERLESS ORDER REFERRING #10 MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE, PURSUANT TO 28 U.S.C. 2255. THIS CAUSE came before the Court upon the Mandate of the United States Court of Appeals for the Eleventh Circuit #167 . Pursuant to that Mandate, the only remaining issue concerns whether Petitioner's initially retained counsel, Joaquin Perez, was constitutionally ineffective due to a conflict of interest. Pursuant to Rule 1 of the Magistrate Judge Rules of the Southern District of Florida and 18 U.S.C. 636(c), it is hereby ORDERED that the Motion #10 is referred to Magistrate Judge Chris M. McAliley for a Report and Recommendation on the remaining issue. Signed by Chief Judge K. Michael Moore on 10/6/2014. (apy) |
Filing 171 PAPERLESS ORDER. THIS CAUSE came before the Court upon Petitioner's Motion for Extension of Time to File Response/Reply #170 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #170 is GRANTED. Petitioner's Reply to the Government's Supplemental Memorandum #169 shall be due by October 13, 2014. Signed by Chief Judge K. Michael Moore on 9/23/2014. (apy) |
Filing 170 Unopposed MOTION for Extension of Time to File Response/Reply as to #169 Response in Opposition to Motion, by Fabio Ochoa. (Attachments: #1 Text of Proposed Order Granting Motion for Extension of Time)(Klugh, Richard) |
Filing 169 RESPONSE in Opposition re #10 Amended MOTION to Vacate , Set Aside and Correct Judgment Pursuant to 28 USC 2255, etc. (Supplemental Memorandum Upon Remand) filed by United States of America. (Attachments: #1 Exhibit, #2 Exhibit)(Del Toro, Ricardo) |
Filing 168 Appeal Record Returned: (18) Volumes of Transcripts re #150 Notice of Appeal. USCA #11-15620-FF (amb) |
Filing 167 MANDATE of USCA the judgment of the district court is VACATED and REMANDED; re #150 Notice of Appeal, filed by Fabio Ochoa ; Date Issued: 8/20/2014 ; USCA Case Number: 11-15620-FF (mc) |
Filing 166 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #150 Notice of Appeal, Appeal No. 11-15620-FF. The entire record on appeal is available electronically. (amb) |
Filing 165 ORDER of USCA, Appellant's motion for a certificate of appealability is GRANTED on the following issue only: Whether the district court erred by failing to reach the merits of Ochoa's claim in his 28 U.S.C. 2255 motion to vacate, that his initially retained counsel, Joaquin Perez, was constitutionally ineffective due to a conflict of interest, based on its finding that the claim was barred from review by this Court's decision on direct appeal as to #150 Notice of Appeal, filed by Fabio Ochoa, USCA # 11-15620-F (hh) |
Filing 164 Acknowledgment of Receipt of ORIGINAL FILE from USCA re #150 Notice of Appeal, filed by Fabio Ochoa. Date received by USCA: 9/13/2012. USCA Case Number: 11-15620-F. (amb) |
Filing 163 Compliance with Request from USCA dated 8/13/2012. Regarding ORIGINAL FILE consisting of (18)Volumes of Transcripts from criminal case 99-06153-CR-KMM. Complied with on 9/7/2012. USCA Case Number: 11-15620-F. (mc) |
Filing 162 ORDER DENYING #158 Motion for Certificate of Appealability as to Defendant Fabio Ochoa. Signed by Judge K. Michael Moore on 4/23/2012. (rg1) |
Filing 161 REPLY to Response to Motion re #158 Renewed MOTION for Certificate of Appealability filed by Fabio Ochoa. (Klugh, Richard) |
Filing 160 RESPONSE in Opposition re #158 Renewed MOTION for Certificate of Appealability filed by United States of America. (Del Toro, Ricardo) |
Filing 159 PAPERLESS ORDER. Petitioner Fabio Ochoa has filed a Motion for Certificate of Appealability #158 , seeking to appeal his case to the Eleventh Circuit. Whereupon, it is ORDERED AND ADJUDGED as follows: if the Government opposes this motion it shall provide a Response within fourteen (14) days of the issuance of this Order. Petitioner is not required to file a Reply, but if Petitioner wishes to do so, the Reply shall be due 10 days from the date the Response is filed by the Government. Signed by Judge K. Michael Moore on 3/1/2012. (dwe) |
Filing 158 Renewed MOTION for Certificate of Appealability by Fabio Ochoa. Responses due by 2/9/2012 (Attachments: #1 Exhibit A, #2 Exhibit B)(Klugh, Richard) |
Filing 157 PAPERLESS ORDER DENYING Motion for Certificate of Appealability 156 . THIS MATTER is before the Court upon Petitioner's Motion for a Certificate of Appealability 156 . A prisoner appealing denial of a petition brought under 28 U.S.C. 2255 must first obtain a Certificate of Appealability. Martinez v. U.S., No. 09-22374-CIV, 2010 W.L. 4811754, at *4 (S.D. Fla. Nov. 19, 2010). A Certificate of Appealability shall issue only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. 2253(c)(2). After a review of the record, the Court finds that Petitioner has not raised an issue regarding the denial of a constitutional right which could be debatable among reasonable jurists, or is otherwise reasonably adequate to warrant further proceedings. Martinez, 2010 W.L. 4811754, at *4. Accordingly, it is ORDERED AND ADJUDGED that Petitioner's Motion for a Certificate of Appealability 156 is DENIED. Signed by Judge K. Michael Moore on 1/20/2012. (dwe) |
Filing 156 MOTION for Certificate of Appealability copnstrued from #150 Notice of Appeal (per USCA) by Fabio Ochoa. Responses due by 1/30/2012 (cqs) |
Filing 155 PAPERLESS ORDER. THIS CAUSE came before the Court upon Movant's Motion for Leave to Exceed Page Limit #154 . Defendant's seek leave to include an additional fifteen (15) pages for its Motion for Certificate of Appealability. Local Rule 7.1(c)(2) provides that "[a]bsent prior permission of the Court, neither a motion and its incorporated memorandum of law nor the opposing memorandum of law shall exceed twenty (20) pages." Movant argues that an additional fifteen (15) pages is necessary to fully brief the Motion. This Court disagrees. Consequently, UPON CONSIDERATION of the Motion, the pertinent portions of the Record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Movant's Motion #154 is GRANTED IN PART. Movant has leave to file a motion no longer than twenty-five (25) pages. Signed by Judge K. Michael Moore on 1/10/2012. (dwe) |
Filing 154 Consent MOTION for Leave to File Excess Pages for Motion for Certificate of Appealability by Fabio Ochoa. (Attachments: #1 Text of Proposed Order Granting Motion)(Klugh, Richard) |
Filing 153 TRANSCRIPT INFORMATION FORM by Fabio Ochoa re #150 Notice of Appeal,. No Transcript Requested. (Klugh, Richard) |
Filing 152 Acknowledgment of Receipt of NOA from USCA re #150 Notice of Appeal, filed by Fabio Ochoa. Date received by USCA: 12/1/2011. USCA Case Number: 11-15620-F. (mc) |
Filing 151 USCA Appeal Fees received $ 455.00 receipt number FLS100029297 re #150 Notice of Appeal, filed by Fabio Ochoa (cqs) |
Transmission of Notice of Appeal, Orders and Docket Sheet to US Court of Appeals re #150 Notice of Appeal, Fee- Not Paid (cqs) |
Filing 150 NOTICE OF APPEAL as to #149 Order on Motion to Alter Judgment, #145 Order on Motion to Vacate by Fabio Ochoa Filing fee $ 455.00. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Klugh, Richard) |
Filing 149 ORDER denying #146 Motion to Alter Judgment. Signed by Judge K. Michael Moore on 9/27/2011. (ail) |
Filing 148 REPLY to Response to Motion re #146 Plaintiff's MOTION to Alter Judgment Pursuant to Rule 59(e) filed by Fabio Ochoa. (Klugh, Richard) |
Filing 147 RESPONSE in Opposition re #146 Plaintiff's MOTION to Alter Judgment Pursuant to Rule 59(e) filed by United States of America. (Del Toro, Ricardo) |
Filing 146 Plaintiff's MOTION to Alter Judgment Pursuant to Rule 59(e) by Fabio Ochoa. Responses due by 5/9/2011 (Klugh, Richard) |
Filing 145 ORDER DENYING #10 Movant's Motion to Vacate. Signed by Judge K. Michael Moore on 3/24/2011. (rg1) |
Filing 144 PAPERLESS ORDER WITHDRAWING REFERENCE 98 to Magistrate Judge Barry L. Garber. Signed by Judge K. Michael Moore on 3/24/2011. (rg1) |
Filing 143 NOTICE OF UNAVAILABILITY by Fabio Ochoa for dates of 11/4/10-11/12/10 (Petruzzi, Paul) |
Filing 142 NOTICE by Fabio Ochoa of Filing Unsworn Declarations of Alejandro Bernal-Madrigal in Support of Petitioner's #1 28 U.S.C. 2255 Motion (Petruzzi, Paul) Modified added link to motion and modified text on 6/8/2010 (tp). |
Filing 141 NOTICE of by Fabio Ochoa ] Sworn Declarations of Alejandro Bernal-Madrigal in Support of #1 28 U.s.C. 2255 Motion (Petruzzi, Paul) Modified text and added link to motion on 6/8/2010 (tp). |
Filing 140 NOTICE of Attorney Appearance by Richard Carroll Klugh, Jr on behalf of Fabio Ochoa (Klugh, Richard) |
Filing 139 ORDER granting in part and denying in part #135 Motion for Leave to Expand Record. Signed by Magistrate Judge Barry L. Garber on 5/5/2010. (nnn) |
Filing 138 PAPERLESS ORDER. THIS CAUSE came before the Court upon Petitioner Fabio Ochoa-Vazquez's Motion to Reconsider Order Denying Movant's Motion to Appeal Magistrate's Order #137 . The applicable standard for a motion for reconsideration is that the moving party must demonstrate why the court should reconsider its prior decision and set forth facts or law of a strongly convincing nature to induce the court to reverse its prior decision. A motion for reconsideration should raise new issues, not merely address issues litigated previously. Socialist Workers Party v. Leahy, 957 F. Supp. 1262, 1263 (S.D. Fla. 1997) (internal quotation and citations omitted). Courts have distilled three major grounds justifying reconsideration: (1) an intervening change in controlling law; (2) the availability of new evidence; and (3) the need to correct clear error or manifest injustice. Cover v. Wal-Mart Stores, Inc., 148 F.R.D. 294, 295 (M.D. Fla. 1993) (citations omitted). The arguments raised in Petitioner's motion were fully addressed in this Court's Order Denying Appeal of Magistrate Judge's Denial of Motion for Reconsideration of Order Denying Movant's Motion to Supplement Claims I and II of his Motion Pursuant to 28 U.S.C. 2255 #133 , and none of the newly raised arguments meet the standard for granting a motion for reconsideration. Accordingly, Petitioner Fabio Ochoa-Vazquez's Motion to Reconsider Order Denying Movant's Motion to Appeal Magistrate's Order #137 is DENIED. Signed by Judge K. Michael Moore on 4/27/2010. (rg1) |
Filing 137 MOTION for Reconsideration re #133 Order, Denying Movant's Motion to Appeal Magistrate's Order (DE 116) by Fabio Ochoa. (Petruzzi, Paul) |
Filing 136 RESPONSE in Opposition re #135 MOTION for Leave to Expand Record Pursuant to Rule 7 of the Rules Governing Section 2255 Proceedings filed by United States of America. (Attachments: #1 Exhibit)(Del Toro, Ricardo) |
Filing 135 MOTION for Leave to Expand Record Pursuant to Rule 7 of the Rules Governing Section 2255 Proceedings by Fabio Ochoa. (Petruzzi, Paul) |
Filing 134 ORDER DENYING #117 APPEAL of Magistrate Judge's Denial of Motion to Preserve Testimony. Signed by Judge K. Michael Moore on 4/9/2010. (rg1) Modified to add linkage on 4/12/2010 (wc). |
Filing 133 ORDER DENYING #116 APPEAL of Magistrate Judge's Denial of Motion for Reconsideration of Order Denying Movant's Motion to Supplement Claims I and II of his Motion Pursuant to 28 U.S.C. 2255. Signed by Judge K. Michael Moore on 4/9/2010. (rg1) Modified to add linkage on 4/12/2010 (wc). |
Filing 130 ORDER granting #127 Motion to Unseal Document. Docket entries numbered 89 and 90 shall be unsealed by the clerk of court. Signed by Magistrate Judge Barry L. Garberon 2/25/2010. (BLG) |
Filing 129 NOTICE by Fabio Ochoa of Filing Exhibits (Petruzzi, Paul) |
Filing 128 NOTICE by Fabio Ochoa re #120 Appeal of Magistrate Judge Decision to District Court of Filing Petitioner's Reply to Government's Response to Appeal (Petruzzi, Paul) |
Filing 127 MOTION to Unseal Document (Affidavit Docket Entries 89 and 90) by Fabio Ochoa. Responses due by 1/15/2010 (Petruzzi, Paul) |
Filing 126 NOTICE by Fabio Ochoa re #120 Appeal of Magistrate Judge Decision to District Court, 123 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, #117 Appeal of Magistrate Judge Decision to District Court, Reply to Response to Appeal (Petruzzi, Paul) |
Filing 125 NOTICE by United States of America re 118 Order on Motion to Compel, (Second Notice) (Del Toro, Ricardo) |
Filing 124 NOTICE by United States of America re 118 Order on Motion to Compel, Re Unsealing of Documents (Del Toro, Ricardo) |
Filing 123 Clerks Notice to Filer re #120 Appeal of Magistrate Judge Decision to District Court, #119 Appeal of Magistrate Judge Decision to District Court. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de# 121, 122]. It is not necessary to refile this document. (tp) |
Filing 122 RESPONSE to #117 Appeal of Magistrate Judge Decision to District Court, by United States of America. DOCKET CORRECTION SEE DE #119 FOR IMAGE (tp) |
Filing 120 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by United States of America re #116 Appeal of Magistrate Judge Decision to District Court (Del Toro, Ricardo) |
Filing 119 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by United States of America re #117 Appeal of Magistrate Judge Decision to District Court, (Del Toro, Ricardo) |
Filing 121 RESPONSE to #116 Appeal of Magistrate Judge Decision to District Court by United States of America. DOCKET CORRECTION SEE DE #120 FOR IMAGE (tp) |
Filing 118 PAPERLESS ORDER granting #115 Motion to Compel. The Government shall provide the Petitioner with copies of the six documents set forth in the Motion on or before 15 days from the date of this Order. Signed by Magistrate Judge Barry L. Garber on 11/17/2009. (nnn) |
Filing 117 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Fabio Ochoa re #114 Order on Motion for Writ of Habeas Corpus ad prosequendum, Order on Motion for Writ of Habeas Corpus ad testificandum, Order on Motion for Miscellaneous Relief,,,,, (Petruzzi, Paul) |
Filing 116 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Fabio Ochoa re #113 Order on Motion for Reconsideration (Petruzzi, Paul) |
Filing 115 MOTION to Compel Production of Sealed Documents by Fabio Ochoa. Responses due by 12/4/2009 (Petruzzi, Paul) |
Filing 114 ORDER denying as moot #83 Motion for Writ of Habeas Corpus ad prosequendum; denying as moot #83 Motion for Writ of Habeas Corpus ad testificandum; denying #92 and #107 Motions to Preserve Testimony. Signed by Magistrate Judge Barry L. Garber on 11/6/09. (cc) |
Filing 113 ORDER denying #105 Motion for Reconsideration. Signed by Magistrate Judge Barry L. Garber on 11/6/09. (cc) |
Filing 112 NOTICE OF UNAVAILABILITY by United States of America for dates of October 30, 2009 through November 14, 2009 (Del Toro, Ricardo) |
Filing 111 RESPONSE in Opposition re #107 Amended MOTION to Preserve, and/or perpetuate, Testimony (Corrected) filed by United States of America. (Del Toro, Ricardo) |
Filing 110 RESPONSE in Opposition re #107 Amended MOTION to Preserve, and/or perpetuate, Testimony filed by United States of America. (Del Toro, Ricardo) |
Filing 109 RESPONSE in Opposition re #105 MOTION for Reconsideration re #102 Order Striking filed by United States of America. (Del Toro, Ricardo) |
Filing 108 NOTICE by Fabio Ochoa of Status of Sealed Documents (Second Notice) (Petruzzi, Paul) |
Filing 107 Amended MOTION to Preserve, and/or perpetuate, Testimony by Fabio Ochoa. (Attachments: #1, #2, #3, #4)(Petruzzi, Paul) |
Filing 106 Clerks Notice to Filer re #105 MOTION for Reconsideration. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
Filing 105 MOTION for Reconsideration re #102 Order Striking by Fabio Ochoa. (Scher, Todd) Modified on 10/13/2009 (ls). [Added relationship to DE #102] |
Filing 104 Writ of Habeas Corpus ad Testificandum Issued as to Fabio Ochoa-Vasquez ;re #103 Writ of Habeas Corpus ad testificandum filed by Fabio Ochoa. Signed by Magistrate Judge Barry L. Garber on 10/5/2009. (asl) |
Filing 103 Unopposed MOTION for Writ of Habeas Corpus ad testificandum by Fabio Ochoa. (Petruzzi, Paul) |
Filing 102 ORDER STRIKING #99 Supplement filed by Fabio Ochoa. Signed by Magistrate Judge Barry L. Garber on 10/2/09. (cc) |
Filing 101 Clerks Notice to Filer re #99 Supplement. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
Filing 100 ORDER. Signed by Magistrate Judge Barry L. Garber on 9/29/2009. (cc) |
Filing 99 SUPPLEMENT to #10 Amended Motion to Vacate, Set Aside and Correct Judgment pursuant to 28 USC 2255 Claims I and II by Fabio Ochoa. (Scher, Todd) Modified on 9/29/2009 (ls). [Added relationship to DE #10] |
Filing 98 PAPERLESS ORDER. This Court's Order of Referral 96 is VACATED. This case is referred to Magistrate Judge Garber to take all necessary and appropriate action with respect to all pre-trial, non-dispositive matters, and for a Report and Recommendation on any dispositive matters. Magistrate Judge Andrea M. Simonton no longer assigned as presider/referral judge(s) in case. Motions referred to Magistrate Judge Barry L. Garber. Signed by Judge K. Michael Moore on 9/22/2009. (rg1) Modified on 9/22/2009 (rg1). |
Filing 97 PAPERLESS ORDER DENYING #84 Motion to Stay. Signed by Judge K. Michael Moore on 9/22/2009. (rg1) |
Filing 96 PAPERLESS ORDER REFERRING CASE to Magistrate Judge Andrea M. Simonton. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton to take all necessary and appropriate action with respect to all pre-trial, non-dispositive matters, and for a Report and Recommendation on any dispositive matters. The Order of Reference to Magistrate Judge Barry L. Garber #3 is VACATED. Signed by Judge K. Michael Moore on 9/21/2009. (rg1) Modified text on 9/22/2009 (wc). |
Filing 95 REPLY to Response to Motion re #92 Plaintiff's MOTION to Preserve Testimony with Incorporated Memorandum of Law Sur-Reply filed by United States of America. (Del Toro, Ricardo) |
Filing 94 REPLY to Response to Motion re #92 Plaintiff's MOTION to Preserve Testimony with Incorporated Memorandum of Law filed by Fabio Ochoa. (Petruzzi, Paul) |
Filing 93 RESPONSE in Opposition re #92 Plaintiff's MOTION to Preserve Testimony with Incorporated Memorandum of Law filed by United States of America. (Del Toro, Ricardo) |
Filing 92 Plaintiff's MOTION to Preserve Testimony with Incorporated Memorandum of Law by Fabio Ochoa. (Attachments: #1 Exhibit A, #2 Exhibit B)(Petruzzi, Paul) |
Filing 132 UNSEALED AFFIDAVIT signed by : Alejandro Bernal Madrigal. re #10 Amended MOTION to Vacate , Set Aside and Correct Judgment Pursuant to 28 USC 2255, etc. by Fabio Ochoa. (previously filed as 90 sealed document) (ra1) |
Filing 131 UNSEALED NOTICE of Filing Affidavit of Alejandro Bernal Madrigal by Fabio Ochoa in support of #10 Amended Motion to Vacate. (previously filed as 89 sealed document) (ra1) |
Filing 91 NOTICE by United States of America of Filing Appellate Decision (Attachments: #1 Exhibit Appellate Decision on Bernal Motion to Compel)(Del Toro, Ricardo) |
Filing 90 Sealed Document (gme) UNSEALED see DE #132 Modified Text on 3/3/2010 (ra1). |
Filing 89 Sealed Document (gme) UNSEALED see DE #131 Modified Text on 3/3/2010 (ra1). |
Filing 88 NOTICE by Fabio Ochoa of Status of Sealed Documents (Petruzzi, Paul) |
Filing 87 NOTICE by Fabio Ochoa Of Intent to Request Permission To Supplement Petition (Petruzzi, Paul) |
Filing 86 REPLY to Response to Motion re #84 MOTION to Stay and Abeyance of 28 U.S.C. Section 2255 Proceedings Pending Unsealing, Receipt and Review of Sealed Filings filed by Fabio Ochoa, United States of America. (Petruzzi, Paul) |
Filing 85 RESPONSE to Motion re #84 MOTION to Stay and Abeyance of 28 U.S.C. Section 2255 Proceedings Pending Unsealing, Receipt and Review of Sealed Filings filed by United States of America. Replies due by 7/20/2009. (Del Toro, Ricardo) |
Filing 84 MOTION to Stay and Abeyance of 28 U.S.C. Section 2255 Proceedings Pending Unsealing, Receipt and Review of Sealed Filings by Fabio Ochoa. Responses due by 7/23/2009 (Attachments: #1 Exhibit A)(Petruzzi, Paul) |
Filing 83 Unopposed MOTION for Writ of Habeas Corpus ad prosequendum, MOTION for Writ of Habeas Corpus ad testificandum by Fabio Ochoa. (Petruzzi, Paul) |
Filing 82 ORDER granting #81 Motion to Unseal Documents. Signed by Magistrate Judge Barry L. Garber on 6/26/2009. (cc) |
Filing 81 Unopposed MOTION to Unseal Document by Fabio Ochoa. Responses due by 7/13/2009 (Petruzzi, Paul) |
Filing 80 ORDER denying #79 Motion for Clarification. Signed by Magistrate Judge Barry L. Garber on 6/24/09. (cc) |
Filing 79 MOTION for clarification #78 Order on Motion for Reconsideration, Order on Motion for Discovery by Fabio Ochoa. Responses due by 7/6/2009 (Petruzzi, Paul) |
Filing 78 ORDER denying #67 Motion for Reconsideration ; denying 70 Motion for Discovery. Signed by Magistrate Judge Barry L. Garber on 6/16/09. (cc) |
Filing 77 NOTICE by United States of America re #76 Notice (Other) Response to Ochoa's Notice of Filing Government E-Mail (Del Toro, Ricardo) |
Filing 76 NOTICE by Fabio Ochoa of Filing Government E-mail (Petruzzi, Paul) |
Filing 75 REPLY to Response to Motion re #67 MOTION for Reconsideration re #64 Order on Motion for Miscellaneous Relief MOTION for Reconsideration re #64 Order on Motion for Miscellaneous Relief filed by Fabio Ochoa. (Petruzzi, Paul) |
Filing 74 RESPONSE to Motion re #67 MOTION for Reconsideration re #64 Order on Motion for Miscellaneous Relief MOTION for Reconsideration re #64 Order on Motion for Miscellaneous Relief Re Notice of Filing Government Brief filed by United States of America. Replies due by 4/20/2009. (Del Toro, Ricardo) |
Filing 73 NOTICE by Fabio Ochoa of Filing Excerpt of United States' Brief (Attachments: #1 Exhibit)(Petruzzi, Paul) |
Filing 72 TRANSCRIPT of Motion For Leave to Conduct Discovery Hearing held on 2/6/2009 before Magistrate Judge Barry L. Garber. Court Reporter: Jerry Meyers, Phone: 954-431-4757. 1-40 pages. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/14/2009. Redacted Transcript Deadline set for 4/24/2009. Release of Transcript Restriction set for 6/22/2009. (Attachments: #1 Designation)(cqs) |
Filing 71 RESPONSE in Opposition re #67 MOTION for Reconsideration re #64 Order on Motion for Miscellaneous Relief MOTION for Reconsideration re #64 Order on Motion for Miscellaneous Relief, 70 MOTION for Discovery filed by United States of America. (Del Toro, Ricardo) |
Filing 68 Clerks Notice of Docket Correction and Instruction to Filer re #67 MOTION for Reconsideration re #64 Order on Motion for Miscellaneous Relief filed by Fabio Ochoa. Error - Motion with Multiple Reliefs Filed as One Relief; Correction - Additional relief(s) Motion for Discovery docketed by Clerk. Instruction to filer - In the future, please select all applicable reliefs. It is not necessary to refile this document. Error - Two or More Document Events Filed as One; Correction - Additional event(s) Objections to Order docketed by Clerk. Instruction to Filer - In the future, please select all applicable events. It is not necessary to refile this document. (ls) |
Filing 70 Second MOTION for Leave to Conduct Discovery by Fabio Ochoa. Responses due by 3/23/2009 [See Image at DE #67](ls) |
Filing 69 RESPONSE/OBJECTIONS to #64 Order on Motion for Miscellaneous Relief by Fabio Ochoa. [See Image at DE #67] (ls) |
Filing 67 MOTION for Reconsideration re #64 Order on Motion for Miscellaneous Relief by Fabio Ochoa. (Attachments: #1 Exhibit)(Petruzzi, Paul) Modified on 3/6/2009 (ls). (First Portion docketed as Entry 69 ) (Additional Motion re-docketed as Entry 70 ) |
Filing 66 NOTICE by Fabio Ochoa Of Filing Sworn Affidavit Of Alejandro Bernal (Attachments: #1 Exhibit A)(Petruzzi, Paul) |
Filing 65 NOTICE by Fabio Ochoa Of Filing Motion For Sanctions (Attachments: #1 Exhibit A)(Petruzzi, Paul) |
Filing 64 ORDER denying #54 Motion for Leave to Conduct Discovery. Signed by Magistrate Judge Barry L. Garber on 2/23/2009. (lc1) |
Filing 63 MEMORANDUM OF LAW Supplemental Brief by United States of America. (Attachments: #1 Exhibit Letter Re 911)(Del Toro, Ricardo) |
Filing 62 NOTICE by United States of America of Filing DEA Report (Attachments: #1 Exhibit)(Del Toro, Ricardo) |
Filing 61 Minute Entry for proceedings held before Magistrate Judge Barry L. Garber: Motion Hearing held on 2/6/2009 re #54 MOTION For Leave To Conduct Discovery filed by Fabio Ochoa. (Tape #09-BLG-3-646.) (ks) |
Filing 60 RESPONSE to Motion re #56 MOTION for Hearing re #54 MOTION For Leave To Conduct Discovery, #55 Response in Opposition to Motion filed by United States of America. Replies due by 2/17/2009. (Attachments: #1 Exhibit)(Del Toro, Ricardo) |
Filing 59 ORDER Resetting Hearing on #54 MOTION For Leave To Conduct Discovery for 2/6/2009, at 2:00 PM in Miami before Magistrate Judge Barry L. Garber. Signed by Magistrate Judge Barry L. Garber on 1/28/09. (cc) |
Filing 58 ORDER Setting Hearing on #54 MOTION For Leave To Conduct Discovery for 2/11/2009, at 3:00 PM in Miami before Magistrate Judge Barry L. Garber. Signed by Magistrate Judge Barry L. Garber on 1/28/09. (cc) |
Filing 57 ORDER granting #56 Motion for Hearing. Signed by Magistrate Judge Barry L. Garber on 1/28/09. (cc) |
Filing 56 MOTION for Hearing re #54 MOTION For Leave To Conduct Discovery, #55 Response in Opposition to Motion by Fabio Ochoa. (Petruzzi, Paul) |
Filing 55 RESPONSE in Opposition re #54 MOTION For Leave To Conduct Discovery filed by United States of America. (Del Toro, Ricardo) |
Filing 54 MOTION For Leave To Conduct Discovery by Fabio Ochoa. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Petruzzi, Paul) |
Filing 53 NOTICE of Attorney Appearance by Paul Domenic Petruzzi on behalf of Fabio Ochoa (Petruzzi, Paul) |
Filing 52 NOTICE by Fabio Ochoa of Filing Supplemental Exhibit (Attachments: #1 Exhibit)(Scher, Todd) |
Filing 51 MOTION for Leave to File Response to Government's Reply by Fabio Ochoa. (Scher, Todd) |
Filing 50 RESPONSE/REPLY Ochoa's Surresponse on 2255 Motion filed by United States of America. (Del Toro, Ricardo) |
Filing 49 MOTION for Extension of Time to File Reply as to #48 Response/Reply (Other) by United States of America. (Karavetsos, George) |
Filing 48 RESPONSE/REPLY To Government's Surreply filed by Fabio Ochoa. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Scher, Todd) |
Filing 47 ORDER granting #46 Motion for Extension of Time to Respond re #46 . Responses due by 8/8/2008. Signed by Magistrate Judge Barry L. Garber on 7/28/08. (cc) |
Filing 46 Unopposed MOTION for Extension of Time to File Reply by Fabio Ochoa. (Attachments: #1 Text of Proposed Order)(Scher, Todd) |
Filing 45 ORDER granting #44 Motion for Leave to File Response. Signed by Magistrate Judge Barry L. Garber on 7/9/08. (cc) |
Filing 44 MOTION for Leave to File Response to Government's Sur-Reply by Fabio Ochoa. (Scher, Todd) |
Filing 43 NOTICE by Fabio Ochoa re #23 Reply to Response to Order to Show Cause, #10 Amended MOTION to Vacate , Set Aside and Correct Judgment Pursuant to 28 USC 2255, etc. (Attachments: #1 Transcripts 1573)(Walsh, Michael) |
Filing 42 NOTICE of Striking #41 Notice (Other) filed by Fabio Ochoa by Fabio Ochoa (Walsh, Michael) |
Filing 41 DOCUMENT STRICKEN BY [DE 42] NOTICE by Fabio Ochoa re #10 Amended MOTION to Vacate , Set Aside and Correct Judgment Pursuant to 28 USC 2255, etc. (Walsh, Michael) Modified added "Document Stricken" on 6/30/2008 (tp). |
Filing 40 NOTICE by Fabio Ochoa of Filing Supplemental Exhibits (Attachments: #1 Exhibit, #2 Exhibit)(Scher, Todd) |
Filing 39 TRANSCRIPT of Hearing on Motions held on 5/19/08 @ 10:00 am before Judge Barry L. Garber. Court Reporter: Carly Horenkamp- phone number 305-523-5138 1-30 pages.. (nc) |
Filing 38 NOTICE by Fabio Ochoa re 37 Sealed Document (Walsh, Michael) |
Filing 37 Sealed Document. (igo) |
Filing 36 ORDER granting #35 Motion to Unseal Documents. Signed by Magistrate Judge Barry L. Garber on 6/6/08. (cc) |
Filing 35 MOTION to Unseal Document by Fabio Ochoa. Responses due by 6/20/2008 (Scher, Todd) |
Filing 34 NOTICE by Fabio Ochoa of Filing Documents (Attachments: #1 Exhibit)(Scher, Todd) |
Filing 33 Minute Entry for proceedings held before Judge Barry L. Garber : Motion Hearing held on 5/19/2008 re #10 Amended MOTION to Vacate , Set Aside and Correct Judgment Pursuant to 28 USC 2255, etc. filed by Fabio Ochoa,. Court Reporter: Carly Horenkamp- phone number 305-523-5138 (ks) |
Filing 32 ORDER granting #31 Motion for Clarification. Signed by Magistrate Judge Barry L. Garber on 5/12/08. (cc) |
Filing 31 MOTION for clarification regarding May 19, 2008, Hearing by Fabio Ochoa. Responses due by 5/23/2008 (Scher, Todd) |
Filing 30 Writ of Habeas Corpus ad Testificandum Issued as to Fabio Ochoa-Vasquez for 5/19/08 at 10:00am re: #16 Writ of Habeas Corpus ad testificandum filed by Fabio Ochoa, Signed by Magistrate Judge Barry L. Garber on 4/21/08.(lk) |
Filing 29 ORDER granting #28 Motion for Leave to File. The governments Surreply #27 is deemed to be appropriately filed in this cause. Signed by Magistrate Judge Barry L. Garber on 4/21/08. (cc) |
Filing 28 MOTION for Leave to File Surreply in Excess of Page Limit by United States of America. (Del Toro, Ricardo) |
Filing 27 RESPONSE Surreply to Defendant's Reply on Motion to Vacate filed by United States of America. (Del Toro, Ricardo) |
Filing 26 ORDER deferring ruling on #14 Motion to Unseal Document until access to sealed records is possible. Signed by Magistrate Judge Barry L. Garber on 4/3/08. (cc) |
Filing 25 ORDER granting #24 Motion for Leave to File in Excess of Page Limitations. Signed by Magistrate Judge Barry L. Garber on 4/3/08. (cc) |
Filing 24 Unopposed MOTION for Leave to File Reply In Excess of Page Limitations by Fabio Ochoa. (Attachments: #1 Text of Proposed Order)(Scher, Todd) |
Filing 23 REPLY by Fabio Ochoa. (Scher, Todd) |
Filing 22 ORDER granting #21 Motion for Extension of Time to Reply to 28 USC 2255, etc.. Replies due by 4/2/2008.Signed by Judge K. Michael Moore on 3/24/08. (rg1) |
Filing 21 MOTION for Extension of Time to File Reply by Fabio Ochoa. (Attachments: #1 Text of Proposed Order)(Scher, Todd) |
Filing 20 ORDER Setting Hearing on #10 Amended MOTION to Vacate , Set Aside and Correct Judgment Pursuant to 28 USC 2255, etc.; and GRANTING #16 Emergency MOTION for Writ of Habeas Corpus ad testificandum. Hearing set for 5/19/2008, at 10 AM in Miami before Magistrate Judge Barry L. Garber. Signed by Magistrate Judge Barry L. Garber on 3/12/08.(cc) Modified hearing date on 3/13/2008 (wc). |
Filing 19 Writ of Habeas Corpus ad Testificandum Issued as to ALEJANDRO BERNAL-MADRIGAL, for May 19-20, 2008. #16 Writ of Habeas Corpus ad testificandum filed by Fabio Ochoa. Signed by Magistrate Judge Barry L. Garber on 3/12/08.(cc) |
Filing 18 NOTICE of Striking #15 Emergency MOTION for Writ of Habeas Corpus ad testificandum filed by Fabio Ochoa, by Fabio Ochoa (Scher, Todd) |
Filing 17 NOTICE of Instruction to Filer: re #15 Emergency MOTION for Writ of Habeas Corpus ad testificandum filed by Fabio Ochoa, Error: Duplicate Docket Entry to DE #16 ; Instruction to Filer=File a Notice of Striking Docket Entry; Proposed Order/Exhibit Docketed as Main Document; Instruction to Filer=File a Notice of Striking Docket Entry and Refile the Document correctly; (tp) |
Filing 16 Emergency MOTION for Writ of Habeas Corpus ad testificandum by Fabio Ochoa. (Attachments: #1 Text of Proposed Order)(Scher, Todd) |
Filing 15 MOTION STRICKEN See Document Number #18 Emergency MOTION for Writ of Habeas Corpus ad testificandum by Fabio Ochoa. (Attachments: #1 Text of Proposed Order)(Scher, Todd) Modified text on 3/13/2008 (tp). |
Filing 14 MOTION to Unseal Document by Fabio Ochoa. Responses due by 3/14/2008 (Scher, Todd) |
Filing 13 ORDER granting #12 Motion for Extension of Time to Reply. Reply due by 3/24/2008. Signed by Magistrate Judge Barry L. Garber on 2/22/08. (cc) |
Filing 12 Unopposed MOTION for Extension of Time to File Reply by Fabio Ochoa. (Attachments: #1 Text of Proposed Order)(Scher, Todd) |
Filing 11 RESPONSE to Motion re #10 Amended MOTION to Vacate , Set Aside and Correct Judgment Pursuant to 28 USC 2255, etc. filed by United States of America. Replies due by 2/25/2008. (Attachments: #1 Exhibit 1-3)(Del Toro, Ricardo) |
Filing 10 Amended MOTION to Vacate , Set Aside and Correct Judgment Pursuant to 28 USC 2255, etc. by Fabio Ochoa. Responses due by 2/28/2008 (Attachments: #1 Supplement Exhibit 1)(Scher, Todd) |
Filing 9 NOTICE of Docket Correction: re 9 ERROR: Filed in Wrong Case. CORRECTION: Re-filed in Correct Case. (cc) |
SYSTEM ENTRY - Docket Entry, oth_ord, and Document 9, filed on 01/11/2008, modified/deleted by (cc) |
Filing 8 ORDER granting #7 Motion for Extension of Time to Respond re #7 Second MOTION for Extension of Time to File Answer to Defendant's 2255 Motion. Signed by Magistrate Judge Barry L. Garber on 1/11/08. (cc) |
Filing 7 Second MOTION for Extension of Time to File Answer to Defendant's 2255 Motion by United States of America. (Attachments: #1 Text of Proposed Order Proposed Order)(Del Toro, Ricardo) |
Filing 6 ORDER granting #5 Motion for Extension of Time to Answer re #1 Motion to Vacate/Set Aside/Correct Sentence (2255), Motion to Vacate/Set Aside/Correct Sentence (2255) Signed by Judge K. Michael Moore on 10/20/07. (rg1) |
Set/Reset Deadlines as to Government Response to Motion to Vacate and/or Correct Judgment #5 due by 1/15/2008 (rg1) |
Filing 5 MOTION for Extension of Time to File Answer by United States of America. (Del Toro, Ricardo) |
Filing 4 ORDER granting in part #2 Motion to Appear Pro Hac Vice - Eric M. Freedman Signed by Judge K. Michael Moore on 10/11/07. (rg1) |
Filing 3 ORDER REFERRING CASE to Magistrate Judge Barry L. Garber for PretrialSigned by Judge K. Michael Moore on 10/11/07.(rg1) |
Filing 2 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Attorney Eric M. Freedman, Filing Fee $75, Receipt #967934. (cw) |
Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 99-6153), filed by Fabio Ochoa. (Attachments: #1 Continuation of 2255 Motion#2 Continuation of 2255 Motion#3 Continuation of 2255 Motion)(tp) |
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