McWaters v. United States Of America
| Preston Alexander McWaters |
| United States Of America |
| 9:2019cv80311 |
| March 5, 2019 |
| US District Court for the Southern District of Florida |
| James I Cohn |
| 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 April 9, 2019. A more recent docket listing may be available from PACER.
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Filing 10
ORDER TO SHOW CAUSE 28 U.S.C. 2255 on or before forty-five (45) 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 4/9/2019. See attached document for full details. (fbn)
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| Filing 9 AMENDED MOTION (Complaint) to Vacate Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 16-cr-80043), filed by Preston Alexander McWaters. (Attachments: #1 Exhibit)(ail) |
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Filing 8
PAPERLESS ORDER re #5 Castro Order and to file Amended Motion and Movant's, #6 Notice (Other) filed by Preston Alexander McWaters agreeing that his motion to dismiss be recharacterized as a 28 U.S.C. 2255 motion. The movant, however, is reminded that he must file an amended 2255 motion on the form provided, on or before the due date set forth in the court's previous order. The amended motion will become the operative motion and this court will not consider any arguments or claims raised prior to its filing. The Movant is also instructed that he is to address the timeliness issue in the form motion and provide more specific details regarding due diligence and what steps, if any, he took to ascertain the nature of the claim which he argues warrants equitable tolling of the limitations period. The Movant is directed to review this court's prior order and to utilize the form provided for fling his amendment. Signed by Magistrate Judge Lisette M. Reid on 3/26/2019. (nn)
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| Filing 7 NOTICE of Change of Address by Preston Alexander McWaters (address updated) (ail) |
| Filing 6 NOTICE to Court to Recharacterize 2255 Pleading by Preston Alexander McWaters re #5 Order,,, Set/Reset Deadlines,, (ail) |
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Filing 5
ORDER OF COURT'S INTENT TO RECHARACTERIZE MOVANT'S PLEADING PURSUANT TO 28 U.S.C. 2255. On or before April 11, 2019, the Movant shall file a notice with the Court, in which Movant either (a) agrees to the recharacterization of the motion as a 2255 motion, or (b) withdraws the motion, rather than have the Court recharacterize it as a 2255 motion. ( Amended Complaint due by 4/11/2019 ) Signed by Magistrate Judge Lisette M. Reid on 3/11/2019. See attached document for full details. (Attachments: #1 2255 Complaint Form) (fbn)
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Filing 4
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Lisette M. Reid on 3/11/2019. See attached document for full details. (fbn)
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| Filing 3 NOTICE of Attorney Appearance by Karen E. Gilbert on behalf of United States Of America. Attorney Karen E. Gilbert added to party United States Of America(pty:dft). (Gilbert, Karen) |
| Filing 2 Clerks Notice of Judge Assignment to Senior Judge James I. Cohn 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. (jas) |
| Filing 1 MOTION (Complaint) to Vacate Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 16-cr-80043), filed by Preston Alexander McWaters.(jas) |
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| Plaintiff: Preston Alexander McWaters | |
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| Defendant: United States Of America | |
| Represented By: | Noticing 2255 US Attorney |
| Represented By: | Karen E. Gilbert |
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