Hernandez v. United States of America
| Juan Hernandez |
| United States of America |
| 9:2018cv80931 |
| July 13, 2018 |
| US District Court for the Southern District of Florida |
| West Palm Beach Office |
| Palm Beach (Office: West Palm Beach) |
| Kenneth A Marra |
| Patrick A White |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on August 31, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 9
ORDER granting #8 Motion for Extension of Time to File Objections to Report and Recommendation. Responses due by 10/1/2018. The Court's Final Judgment entered on August 16, 2018 DE #6 is VACATED, and the case is REOPENED. Signed by Judge Kenneth A. Marra on 8/30/2018. See attached document for full details. (ir)
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| PAPERLESS Case reopened. Signed by Judge Kenneth A. Marra on 8/30/2018. (ir) |
| Filing 8 MOTION for Extension of Time to refile Objections to Report and Recommendation due to mail room issues at the Prison by Juan Hernandez. (ebz) |
| Filing 7 PAPERLESS Case No Longer Referred to Magistrate Judge Patrick A. White/Case Closed by the District Judge. Signed by Magistrate Judge Patrick A. White on 8/20/2018. (br) |
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Filing 6
VACATED BY DE #9 - FINAL JUDGMENT ORDER ADOPTING REPORT AND RECOMMENDATIONS denying #1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) filed by Juan Hernandez ; Adopting #5 Report and Recommendations. Certificate of Appealability: DENIED. This case is CLOSED. Signed by Judge Kenneth A. Marra on 8/16/2018. See attached document for full details. (ir) Modified on 8/31/2018 (ir).
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| Filing 5 REPORT AND RECOMMENDATIONS RE: DISMISSAL FOR FAILURE TO OBTAIN AUTHORIZATION PURSUANT TO 28 U.S.C. 2244(b) (3)on 28 USC 2255 case re #1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) filed by Juan Hernandez; Recommending this latest proceeding should be dismissed for lack of jurisdiction as it is an unauthorized successive motion, because the movant has not obtained certification required by 28 U.S.C. 2244(b)(3)(A) from the Eleventh Circuit Court of Appeals. It is further recommended that no certificate of appealability issue, that final judgment be entered, and that this case be closed. Objections to R&R due by 7/30/2018. Signed by Magistrate Judge Patrick A. White on 7/16/2018. See attached document for full details. (Attachments: #1 2255 Successive Form) (fbn) |
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Filing 4
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Patrick A. White on 7/16/2018. See attached document for full details. (fbn)
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| Filing 3 MEMORANDUM in Support re #1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) by Juan Hernandez. (pes) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kenneth A. Marra and Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19, 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. (pes) |
| Filing 1 MOTION (Complaint) to Vacate Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 09-CR-80062-KAM), filed by Juan Hernandez.(pes) |
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| Plaintiff: Juan Hernandez | |
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| Defendant: United States of America | |
| Represented By: | Noticing 2255 US Attorney |
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