Hernandez v. United States of America
Plaintiff: Orestes Hernandez
Defendant: United States of America
Case Number: 1:2019cv23193
Filed: August 1, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Jose E Martinez
Referring Judge: Lisette M Reid
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 20, 2019 Filing 11 REPLY to Response to Motion re #7 MOTION to Vacate 924(c) Convictions in Light of Davis filed by Orestes Hernandez. (Adler, Andrew)
September 10, 2019 Opinion or Order Filing 10 PAPERLESS ORDER granting #9 Motion for Extension of Time to File Response/Reply (Other). Re: #9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 Response in Opposition to Motion filed by Orestes Hernandez. NO further extensions will be granted absent extraordinary circumstances which may require a show cause hearing. Movant is further reminded that his reply is due on or before September 30, 2019. Signed by Magistrate Judge Lisette M. Reid on 9/9/2019. (nn)
September 10, 2019 Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 Response in Opposition to Motion by Orestes Hernandez. (Adler, Andrew)
September 9, 2019 Filing 8 RESPONSE in Opposition re #7 MOTION to Vacate 924(c) Convictions in Light of Davis filed by United States of America. Replies due by 9/16/2019. (Cronin, Sean)
August 30, 2019 Filing 7 MOTION to Vacate 924(c) Convictions in Light of Davis by Orestes Hernandez. Responses due by 9/13/2019 (Attachments: #1 Civil Cover Sheet)(Adler, Andrew)
August 20, 2019 Opinion or Order Filing 6 PAPERLESS ORDER granting #5 Motion for Substitution of Counsel. Date attorney was appointed CJA: 08/02/19 for Motion Attacking Sentence/Motion to Vacate Sentence (28 USC 2255) CJA representation. Attorney Arthur Louis Wallace, III terminated from this case. In his stead, the Federal Public Defender is appointed, and the case is assigned to Andrew L. Adler, AFPD. Signed by Magistrate Judge Lisette M. Reid on 8/20/2019. (nn)
August 20, 2019 Filing 5 STIPULATED MOTION for Substitution of Counsel. Substituting Andrew L. Adler for Arthur Wallace by Orestes Hernandez. Attorney Andrew L Adler added to party Orestes Hernandez(pty:pla). Responses due by 9/3/2019 (Attachments: #1 Exhibit A, #2 Exhibit B)(Adler, Andrew)
August 5, 2019 Filing 4 NOTICE of Attorney Appearance by Sean Paul Cronin on behalf of United States of America. Attorney Sean Paul Cronin added to party United States of America(pty:dft). (Cronin, Sean)
August 2, 2019 Opinion or Order Filing 3 ORDER APPOINTING COUNSEL AND SETTING BRIEFING SCHEDULE IN LIGHT OF ELEVENTH CIRCUIT'S GRANT RE APPLICATION TO FILE SUCCESSIVE MOTION TO VACATE - 28 U.S.C. 2255 BASED ON RETROACTIVITY OF UNITED STATES V. DAVIS., Attorney Arthur Louis Wallace, III for Orestes Hernandez added for Motion Attacking Sentence/Motion to Vacate Sentence (28 USC 2255) CJA representation. Date attorney was appointed CJA: 8/2/2019. On or before forty-five (45) days from the date of entry of this order, Attorney Arthur Wallace, III shall file a motion to vacate with supporting memorandum of law, in compliance with the local and federal rules governing such filings, addressing with specificity whether the motion should be GRANTED in light of the Supreme Court's decision in Davis. Signed by Magistrate Judge Lisette M. Reid on 8/2/2019. See attached document for full details. (fbn)
August 1, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez 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. (vjk)
August 1, 2019 Filing 1 USCA ORDER GRANTING LEAVE TO FILE SUCCESSIVE MOTION (Complaint) to Correct Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 96-cr-443-JEM), filed by Orestes Hernandez.(vjk)

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Defendant: United States of America
Represented By: Noticing 2255 US Attorney
Represented By: Sean Paul Cronin
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Plaintiff: Orestes Hernandez
Represented By: Andrew L Adler
Represented By: Arthur Louis Wallace, III
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