Owusua v. United States of America
Nama Ama Owusua and Nana Ama Owusua |
United States of America |
1:2019cv22326 |
June 6, 2019 |
US District Court for the Southern District of Florida |
Donald M Middlebrooks |
Lisette M Reid |
Prisoner: Vacate Sentence |
28 U.S.C. ยง 2255 |
None |
Docket Report
This docket was last retrieved on July 31, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 14 ORDER TO SHOW CAUSE 28 U.S.C. 2255. On or before forty-five days from the date of this order, the respondent shall file a memorandum of fact and law to show cause why this motion should not be granted and shall file therewith all documents and transcripts necessary for the resolution of this motion regardless of whether or not they are in the Court file. Signed by Magistrate Judge Lisette M. Reid on 7/31/2019. See attached document for full details. (fbn) |
Filing 13 AMENDED MOTION (Complaint) to Vacate/Set Aside/Correct Sentence (2255) against United States of America filed in response to Order Granting Motion for Leave, filed by Nama Ama Owusua.(pcs) |
Filing 12 PAPERLESS ORDER denying #11 Motion to Appoint Counsel for the reasons set forth in ECF 10. Signed by Magistrate Judge Lisette M. Reid on 7/19/2019. (rm01) |
Filing 11 MOTION to Request Counsel by Nama Ama Owusua. Responses due by 8/2/2019 (pcs) |
Filing 10 PAPERLESS ORDER granting in part and denying in part #9 Motion for Extension of Time to Amend. Movant's amended complaint was due on or before July 15, 2019. On July 12, 2019, she mailed the Court the instant motion for extension of time. To the extent that Movant requests the appointment of counsel in this proceeding, such a request is DENIED. Movant has not demonstrated circumstances warranting the appointment of counsel. The appointment of counsel is necessary only when due process or the interests of justice require it. Hooks v. Wainwright, 775 F.2d 1433, 1438 (11th Cir. 1985)(citing 18 U.S.C. 3006A(a)(2)(B)); see also Rules Governing Section 2255 Proceedings 8(c) (requiring that counsel be appointed upon determination that an evidentiary hearing is required); id. at Rule 6(a) (court must assign counsel to financially eligible defendants [i]f necessary for effective discovery). None of those are implicated here. As such, movant's request for counsel is DENIED. To the extent that Movant requests an extension of time, her request is GRANTED. She shall file her amended complaint in compliance with the requirements set forth in ECF 8 on or before August 2, 2019. If she chooses not to file an amended complaint, the Court will proceed with reviewing her initial complaint as discussed in ECF 8. No piecemeal litigation is permitted and no further extensions of time will be permitted absent extraordinary circumstances. Signed by Magistrate Judge Lisette M. Reid on 7/18/2019. (rm01) |
Filing 9 MOTION for Extension of Time to Amend #1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) by Nama Ama Owusua. Responses due by 8/1/2019 (pcs) |
Filing 8 ORDER RE: AMENDED MOTION on or before, July 15, 2019, Movant, if she chooses to do so, may file an amended 2255 motion that complies with the applicable rules of procedure set forth in this order., ( Amended Complaint due by 7/15/2019.) Signed by Magistrate Judge Lisette M. Reid on 6/10/2019. See attached document for full details. (Attachments: #1 2255 Complaint Form) (fbn) |
Filing 7 PAPERLESS ORDER denying as moot #4 Motion for New Trial. In movant's motion, she alleges that the Court has not opened a civil case regarding her pending section 2255 motion. However, since the filing of her "motion for new trial," the Court has opened the instant case pertaining to movant's section 2255 motion. Accordingly, movant's motion for new trial is denied as moot. To the extent that movant seeks to add new claims to her initial section 2255 motion, she will be given the opportunity to do so in a forthcoming order to amend. Signed by Magistrate Judge Lisette M. Reid on 6/10/2019. (rm01) |
Filing 6 INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Lisette M. Reid on 6/6/2019. See attached document for full details. (fbn) |
Filing 5 PAPERLESS ORDER denying as moot #3 Motion for Processing of Motion to Vacate. In her motion, Movant asserts that she previously filed her Section 2255 motion and requests that the Court open a "civil action" number to process the case. The Court has already received the motion and has opened a Section 2255 action under a new civil case number. Accordingly, Movant's motion is denied as moot. Signed by Magistrate Judge Lisette M. Reid on 6/6/2019. (rm01) |
Filing 4 A Written MOTION for New Trial by Nama Ama Owusua. (pcs) |
Filing 3 MOTION Request for Processing of Motion to Vacate, Set-aside, or Correct Sentence and Conviction 28 USC 2255 by Nama Ama Owusua. (pcs) |
Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Lisette M. Reid. Pursuant to Administrative Order 2019-2, 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. (pcs) |
Filing 1 MOTION (Complaint) to Vacate/Set Aside/Correct Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 17-cr-20114-DMM), filed by Nama Ama Owusua.(pcs) |
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