Elcote Bain v. United States of America
Plaintiff: Brian Wade Elcote Bain and Brian Wade Bain
Defendant: United States of America
Case Number: 1:2021cv23444
Filed: September 27, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Kathleen M Williams
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 November 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 19, 2021 Filing 12 NOTICE OF INQUIRY by Brian Wade Elcote Bain (Copy of Docket Sheet has been mailed out via U.S. Mail.) (jao)
November 14, 2021 Filing 11 RESPONSE in Opposition re #3 MOTION for Leave to Proceed in forma pauperis filed by United States of America. Replies due by 11/22/2021. (Attachments: #1 Criminal Docket, #2 Indictment, #3 Factual Proffer, #4 Criminal Judgment)(Chattah, Marc)
October 15, 2021 Opinion or Order Filing 10 ORDER TO SHOW CAUSE. Signed by Judge Kathleen M. Williams on 10/15/2021. See attached document for full details. (daa)
October 15, 2021 Filing 9 AMENDED Complaint) to Vacate Sentence (2255) against United States of America, filed by Brian Wade Elcote Bain.(jao) Modified TEXT on 10/15/2021 (mr1). (Main Document 9 replaced per chambers on 10/15/2021) (daa). (Additional attachment(s) added on 10/15/2021: #1 Memorandum) (#2 Exhibit) (daa).
October 1, 2021 Filing 8 NOTICE of Change of Address, Email or Law Firm Name by Marc Chattah (Chattah, Marc)
September 29, 2021 Filing 7 NOTICE of Attorney Appearance by Marc Chattah on behalf of United States of America. Attorney Marc Chattah added to party United States of America(pty:dft). (Chattah, Marc)
September 28, 2021 Opinion or Order Filing 6 ORDER denying #3 Motion for Leave to Proceed in forma pauperis. By separate Order, this Court has notified Movant of its intent to recharacterize his filing as a 28 U.S.C. 2255 motion to vacate. As such, no filing fee is required. Signed by Judge Kathleen M. Williams on 9/28/2021. See attached document for full details. (daa)
September 28, 2021 Opinion or Order Filing 5 ORDER OF COURT'S INTENT TO RECHARACTERIZE MOVANT'S FILING AND REQUIRING THE FILING OF A FINAL AMENDED MOTION TO VACATE (28 U.S.C. 2255). On or before OCTOBER 27, 2021, Movant shall file a notice with the Court, in which he either (a) agrees to the recharacterization of the filing as a 2255 Motion; or (b) withdraws the petition, rather than have the Court recharacterize it as a 2255 Motion. If Movant agrees to the recharacterization of the motion, he may file a final, amended 2255 Motion on the proper form, which is being provided with this order, on or before OCTOBER 27, 2021. Signed by Judge Kathleen M. Williams on 9/28/2021. See attached document for full details. (Attachments: #1 Motion to Vacate, Set Aside, or Correct a Sentence By a Person in Federal Custody (Motion Under 28 U.S.C. 2255) form) (daa)
September 28, 2021 Opinion or Order Filing 4 ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Kathleen M. Williams on 9/28/2021. See attached document for full details. (daa)
September 27, 2021 Filing 3 MOTION for Leave to Proceed in forma pauperis by Brian Wade Elcote Bain. (daa)
September 27, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. (daa)
September 27, 2021 Filing 1 MOTION (Complaint) to Vacate Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 1:20-cr-20140-KMW-1), filed by Brian Wade Elcote Bain. (Attachments: #1 Exhibit)(daa)

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Plaintiff: Brian Wade Elcote Bain
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Plaintiff: Brian Wade Bain
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Defendant: United States of America
Represented By: Noticing 2255 US Attorney
Represented By: Marc Chattah
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