Ramdeo v. United States of America
| Sonny Austin Ramdeo |
| United States of America |
| 9:2018cv81452 |
| October 25, 2018 |
| US District Court for the Southern District of Florida |
| Kenneth A Marra |
| Patrick A White |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Filing 15 OBJECTIONS to Magistrate's #8 Report and Recommendations by Sonny Austin Ramdeo. (kpe) |
Filing 14
PAPERLESS ORDER denying, without prejudice, #13 Motion for Writ of Mandamus. In his purported petition for a writ of mandamus, movant raises the same arguments that he has already raised, and that the undersigned has already rejected. See DE#4, 6, 8. The proper procedure is to file objections to the undersigned's report recommending that the case be dismissed for failure to comply with a court order. DE#8. In sum, movant's purported petition for a writ of mandamus is in the nature of a motion for reconsideration and/or objections to the undersigned's report. Therefore, it is denied, without prejudice, as procedurally improper. The undersigned cautions movant that his objections are due by December 11, 2018. The undersigned further cautions movant that a one-year statute of limitations applies to motions to vacate under 28 U.S.C. 2255. Signed by Magistrate Judge Patrick A. White on 12/6/2018. (js04)
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| Filing 13 Petition for Writ of Mandamus by Sonny Austin Ramdeo. (kpe) |
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Filing 12
PAPERLESS ORDER denying #9 Motion to Stay. The court denies movant's purported motion to stay, which is in the nature of a motion for reconsideration, for the reasons stated in its paperless order (DE#6) denying movant's motion to set aside the court's order for an amended motion to vacate (DE#5). Signed by Magistrate Judge Patrick A. White on 11/29/2018. (js04)
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Filing 11
PAPERLESS ORDER denying #10 Motion for Clarification. Movant seeks clarification of the order (DE#4) with which he failed to timely comply despite warnings that the court would dismiss the case if he failed to comply with said order. In that regard, a report recommending that the case be dismissed without prejudice is pending (DE#8). Thus, movant's motion for clarification is procedurally improper. Signed by Magistrate Judge Patrick A. White on 11/29/2018. (js04)
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| Filing 10 MOTION for clarification re #4 Order, by Sonny Austin Ramdeo. Responses due by 12/13/2018 (kpe) |
| Filing 9 MOTION to Stay Court's Order for Amended Motion to Vacate re #4 Order, by Sonny Austin Ramdeo. Responses due by 12/13/2018 (kpe) |
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Filing 8
REPORT AND RECOMMENDATIONS on 28 USC 2255 case re #1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) filed by Sonny Austin Ramdeo; Recommending that the case should be dismissed, without prejudice, for failure to prosecute and/or failure to comply with a court order. Objections to R&R due by 12/11/2018. Signed by Magistrate Judge Patrick A. White on 11/27/2018. See attached document for full details. (fbn)
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| Filing 7 NOTICE of Attorney Appearance by Ellen L Cohen on behalf of United States of America. Attorney Ellen L Cohen added to party United States of America(pty:dft). (Cohen, Ellen) |
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Filing 6
PAPERLESS ORDER denying #5 Motion to Set Aside. For the reasons set forth in the court's order for an amended motion to vacate, movant's contention that his original motion to vacate "substantially" complies with this district's form for 2255 motions is inaccurate. The motion is overlong and reflects an attempt to circumvent this District's page limitations on a motion AND its supporting memorandum and assert an inordinate number (22) of claims. As the authority set forth in the order for an amended motion makes clear, however, there is rarely, if ever, a valid reason to assert such a high number of claims. Not only does doing so frustrate the court's ability to effectively and efficiently evaluate a movant's motion; it is counterproductive inasmuch as it constitutes poor advocacy. The court agrees with movant that there is arguably some ambiguity in the Local Rules as to whether this District's 20-page limit on a motion AND its supporting memorandum applies to habeas corpus petitions. On its face, one can question whether Rule 7.1(a)(1)(A) indicates that a habeas corpus petition is a motion within the meaning of Rule 7.1(c)(2). However, as a technical matter, a motion to vacate is not a habeas petition; it is a motion. And Rule 7.1(c)(2) clearly provides that it applies to motions. Further, Rule 88.2(a) makes clear that motions to vacate are not invariably regarded as habeas corpus petitions for the purposes of the Local Rules. In any event, it is axiomatic that the court has broad discretion to manage its docket in such a way as to achieve the orderly and expeditious resolution of cases. Therefore, even if this District's 20-page limit on a motion AND its supporting memorandum did not apply to movant's motion, the court would still have a basis to impose such page limits. Doing so here would be entirely appropriate given movant's dogged determination to assert an inordinate number of claims. Finally, movant contends that his original motion is not single-spaced. This appears to be correct. However, assuming the motion does not have less than one and one-half spaces between lines, Local Rule 5.1(a)(4), it is still overlong as the court has explained ad nauseam. For these reasons, the court DENIES movant's motion to set aside its order for an amended motion to vacate. The order for an amended motion to vacate remains in full force. Movant is cautioned that he must comply with the order for an amended motion to vacate or his original 2255 motion WILL BE DISMISSED for failure to prosecute and/or failure to comply with court orders. Signed by Magistrate Judge Patrick A. White on 11/14/2018. (js04)
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| Filing 5 MOTION to Set Aside the Court's order for An Amended Motion to Vacate and Reconsider re #4 Order on Motion for Leave to File, by Sonny Austin Ramdeo. (kpe) |
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Filing 4
ORDER denying #3 Motion for Leave to File. On or before November 26, 2018, movant shall file an amended 2255 motion that complies with the applicable rules of procedure set forth in this order, and that cures the pleading deficiencies identified in this order. Amended Complaint due by 11/26/2018. Signed by Magistrate Judge Patrick A. White on 10/29/2018. See attached document for full details. (Attachments: #1 2255 Complaint Form) (fbn)
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| Filing 3 MOTION Requesting Leave to File Post Conviction Habeas Corpus Petition of 32 Pages in Addition to a Separate Pleading of Exhibits Supporting the Material Facts by Sonny Austin Ramdeo. (Attachments: #1 Exhibit)(kpe) (Attachment 1 replaced due to missing pages on 10/25/2018) (nc). Modified docket text on 10/25/2018 (nc). |
| 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. (kpe) |
| 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 # 12-cr-80226-KAM), filed by Sonny Austin Ramdeo. (Attachments: #1 Exhibit)(kpe) |
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| Plaintiff: Sonny Austin Ramdeo | |
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| Defendant: United States of America | |
| Represented By: | Noticing 2255 US Attorney |
| Represented By: | Ellen L Cohen |
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