Harrell v. United States Of America
| Derrick Harrell |
| United States Of America |
| 1:2020cv21870 |
| May 5, 2020 |
| US District Court for the Southern District of Florida |
| Federico A Moreno |
| Lisette M Reid |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 Notice of Inquiry by Derrick Harrell. (A Copy of the Docket Sheet was mailed) (jbs) |
| Filing 13 Supplemental Motion for 2255 "Objection" by Derrick Harrell. (jbs) |
Filing 12
PAPERLESS ORDER denying #11 Motion to Appoint Counsel. For the reasons stated in the Court's prior order, ECF No. 8 , Movant's motion is DENIED. Signed by Magistrate Judge Lisette M. Reid on 6/16/2020. (lt00)
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| Filing 11 Motion for Appointment of Counsel by Derrick Harrell. Responses due by 6/30/2020 (jbs) |
| Filing 10 Response to #9 Government Motion to 28 USC 2255 (CV-DE1) by Derrick Harrell. (jbs) |
| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE re #5 Order to Show Cause, by United States Of America. (Attachments: #1 Exhibit Change of Plea Transcript)(Gilfarb, Michael) |
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Filing 8
PAPERLESS ORDER denying #7 Motion to Appoint Counsel. There is no constitutional right to counsel for post-conviction collateral attacks. See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987). Under Rule 8(c) of the Rules Governing Section 2255 Proceedings, "[i]f an evidentiary hearing is warranted, the judge must appoint an attorney to represent a moving party who qualifies for the appointment of counsel under 18 U.S.C. 3000A." In addition, Rule 8(c) explains that a judge's authority to appoint counsel is not limited by the Rules. Stated another way, if an evidentiary hearing is not required, the decision to appoint counsel in a Section 2255 proceeding is discretionary. See also Shepherd v. United States, 253 F.3d 585, 587 (11th Cir. 2001). At this early juncture, without having yet received the Government's Response, it is not clear that an evidentiary hearing is warranted. Accordingly, Movant's Motion to Appoint Counsel is DENIED without prejudice. Signed by Magistrate Judge Lisette M. Reid on 5/18/2020. (lt00)
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| Filing 7 MOTION for Appointment of Counsel by Derrick Harrell. Responses due by 6/1/2020 (jbs) |
| Filing 6 NOTICE of Inquiry by Derrick Harrell. (A Copy of the Docket Sheet was mailed) (jbs) |
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Filing 5
CORRECTED ORDER TO SHOW CAUSE: 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. Signed by Magistrate Judge Lisette M. Reid on 5/13/2020. See attached document for full details. (br)
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Filing 4
ORDER TO SHOW CAUSE: 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. Signed by Magistrate Judge Lisette M. Reid on 5/7/2020. See attached document for full details. (br)
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Filing 3
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Lisette M. Reid on 5/7/2020. See attached document for full details. (br)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Federico A. Moreno 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. (drz) |
| Filing 1 MOTION (Complaint) to Vacate, Set Aside, or Correct Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 10-CR-20800), filed by Derrick Harrell.(drz) |
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| Defendant: United States Of America | |
| Represented By: | Noticing 2255 US Attorney |
| Represented By: | Michael E. Gilfarb |
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| Plaintiff: Derrick Harrell | |
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