Adderley v. United States of America
| Stephen Adderley |
| United States of America |
| 1:2022cv23761 |
| November 15, 2022 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate Sentence |
| None |
Docket Report
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| Document Text |
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Filing 8
PAPERLESS ORDER denying #7 Motion for Leave to Appeal in forma pauperis. "An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. 1915(a)(3). An appeal is frivolous, and therefore not taken in good faith, if "it is without arguable merit either in law or fact." Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir. 2001). Movant wishes to appeal the Court's determination that his 2255 Motion was untimely, see IFP Motion [ECF No. 7] at 1, but it is obvious from the face of his Motion to Vacate that it is untimely under all of the limitations periods of 2255(f). Since there is no factual or legal basis to argue that the Motion to Vacate was timely, the Court DENIES Petitioner's Motion [ECF No. 7] and certifies that the appeal has not been taken in good faith. Signed by Judge Rodolfo A. Ruiz, II on 1/12/2023. (cps)
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| Filing 7 MOTION for Leave to Appeal in forma pauperis and Affidavit by Stephen Adderley. (apz) |
| Filing 6 Acknowledgment of Receipt of NOA from USCA re #4 Notice of Appeal, filed by Stephen Adderley. Date received by USCA: 12/07/2022. USCA Case Number: 22-14075-H. (jes) |
| Filing 5 CLERK'S NOTICE of Pro Se Instructions to Stephen Adderley re #4 Notice of Appeal. (jes) |
| Filing 4 Notice of Appeal as to #3 Order on Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255), by Stephen Adderley. FILING FEE: (NOT PAID). COA SHALL NOT ISSUE PER DE #3 . Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (jes) |
| Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #4 Notice of Appeal. Notice has been electronically mailed. (jes) |
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Filing 3
ORDER DISMISSING MOTION TO VACATE. The Motion [ECF No. #1 ] is DISMISSED. Any demands for an evidentiary hearing are DENIED, and a certificate of appealability shall NOT ISSUE. The Clerk is directed to CLOSE this case. Signed by Judge Rodolfo A. Ruiz, II on 11/21/2022. See attached document for full details. (daa)
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| Filing 2 Judge Assignment to Judge Rodolfo A. Ruiz, II. (daa) |
| Filing 1 MOTION (Complaint) to Vacate Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 1:18-cr-20951-RAR-1), filed by Stephen Adderley. (Attachments: #1 Memorandum of Law)(daa) |
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| Plaintiff: Stephen Adderley | |
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| Defendant: United States of America | |
| Represented By: | Noticing 2255 US Attorney |
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