Desenclos v. United States of America
| Behrmann Desenclos |
| United States of America |
| 1:2018cv23196 |
| August 6, 2018 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| Donald M Middlebrooks |
| Patrick A White |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on September 18, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 PAPERLESS Case No Longer Referred to Magistrate Judge Patrick A. White/Case Closed by the District Judge. Signed by Magistrate Judge Patrick A. White on 9/18/2018. (br) |
Filing 7
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) filed by Behrmann Desenclos ; adopting Report and Recommendations re #6 Report and Recommendations. Dismissing #1 Motion to Vacate; No Certificate of Appealability shall Issue; denying as moot #2 Motion to Appoint Counsel ; denying as moot #3 Motion for Leave to Proceed in forma pauperis ; Closing Case. Signed by Judge Donald M. Middlebrooks on 9/14/2018. See attached document for full details. (ls)
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| Filing 6 REPORT AND RECOMMENDATIONS RE DISMISSAL FOR FAILURE TO OBTAIN AUTHORIZATION PURSUANT TO 28 U.S.C. 2244(b)(3) on 28 USC 2255 case re #1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) filed by Behrmann Desenclos; Recommending this latest proceeding should be dismissed for lack of jurisdiction as it is an unauthorized successive motion, because the movant has not obtained certification required by 28 U.S.C. 2244(b)(3)(A) from the Eleventh Circuit Court of Appeals. It is further recommended that all pending motions be denied as moot; that no certificate of appealability issue, that final judgment be entered, and that this case be closed. Objections to R&R due by 8/23/2018 Signed by Magistrate Judge Patrick A. White on 8/9/2018. See attached document for full details. (fbn) |
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Filing 5
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Patrick A. White on 8/8/2018. See attached document for full details. (fbn)
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| Filing 4 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (ebz) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Behrmann Desenclos. (ebz) |
| Filing 2 MOTION to Appoint Counsel by Behrmann Desenclos. Responses due by 8/20/2018 (ebz) |
| Filing 1 MOTION (Complaint) to Vacate Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 12CR20939), filed by Behrmann Desenclos. (Attachments: #1 Memorandum)(ebz) |
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| Plaintiff: Behrmann Desenclos | |
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| Defendant: United States of America | |
| Represented By: | Noticing 2255 US Attorney |
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