Cervantes-Sosa v. United States of America
| Humberto Ariel Cervantes-Sosa |
| United States of America |
| 1:2019cv23343 |
| August 9, 2019 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Ursula Ungaro |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing 7
PAPERLESS ORDER sua sponte extending Movant's time in which to file a reply to Respondent's Answer. [ECF 6]. Respondent has filed an Answer in opposition to Movant's Motion to Vacate. [See ECF 6]. While Movant is not required to file a reply to the Answer, he has the right to file one within the time period set by the Court. See Rules Governing Section 2255 Proceedings, Rule 5(e). Local Rules allow for a reply to be filed within seven (7) days of service of an answer. See S.D. Fla. L.R. 7.1(c). Thus, Movant's reply would be due on Thursday, September 5, 2019. However, in anticipation of potential delays arising from the incoming Hurricane Dorian, the Undersigned sua sponte EXTENDS the deadline for Movant to file a reply by an additional eight (8) days. Accordingly, Movant's reply to Respondent's Answer [ECF 6] shall be due on or before Friday, September 13, 2019. Signed by Magistrate Judge Lisette M. Reid on 8/30/2019. (ac01)
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| Filing 6 ANSWER to Complaint by United States of America. (Telfair, Breezye) |
| Filing 5 NOTICE of Attorney Appearance by Breezye Telfair on behalf of United States of America. Attorney Breezye Telfair added to party United States of America(pty:dft). (Telfair, Breezye) |
| Filing 4 First 2255 motion by court order by Humberto Ariel Cervantes-Sosa. (Garcia, Ruben) |
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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 Ruben Maurice Garcia for Humberto Ariel Cervantes-Sosa added for Motion Attacking Sentence/Motion to Vacate Sentence (28 USC 2255) CJA representation. Date attorney was appointed CJA: 8/12/2019. On or before forty-five (45) days from the date of entry of this Order, Attorney Ruben Garcia 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 8/12/2019. See attached document for full details. (fbn)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro 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) |
| Filing 1 USCA ORDER GRANT LEAVE TO FILE SUCCESSIVE MOTION (Complaint) to Correct Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 02-cr-20534-UU), filed by Humberto Ariel Cervantes-Sosa.(vjk) |
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| Plaintiff: Humberto Ariel Cervantes-Sosa | |
| Represented By: | Ruben Maurice Garcia |
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| Defendant: United States of America | |
| Represented By: | Noticing 2255 US Attorney |
| Represented By: | Breezye Telfair |
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