Babilonia v. United States of America
| Ruben Alexander Babilonia |
| United States of America |
| 9:2020cv80277 |
| February 25, 2020 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Robin L Rosenberg |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 12
PAPERLESS ORDER granting #11 Motion for Extension of Time to file a response to this court's order requiring further documentation and affidavit as to the timeliness issue and the filing of a direct appeal. The time to comply with this court's prior order is extended to on or before MAY 26, 2020. Movant is reminded, however, that no further extensions may be granted absent extraordinary circumstances which may require a show cause hearing. It is the facts and evidence, not case law, in Movant's possession to support his allegations and the timeliness of this motion that is relevant to the issue of concerns to the court and as directed in its prior order. Signed by Magistrate Judge Lisette M. Reid on 4/24/2020. (nn)
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| Filing 11 MOTION for Extension of Time Pursuant to Fed. R. Civ.P. 26 (b)re: to file his Exhibits in order to comply fact and evidence to support equitable tolling by Ruben Alexander Babilonia. Responses due by 5/8/2020 (mee) |
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Filing 10
PAPERLESS ORDER granting #9 Motion for Extension of Time. Given the current coronavirus pandemic, Movant's motion is GRANTED and Movant shall have until on or before MAY 1, 2020 to comply with this court's orders and the obtaining of the exhibits in support of his timeliness argument. If Movant is unable to comply by that deadline, Movant shall seek another extension of time. Movant, however, is cautioned that it is the facts and evidence required to support his motion, not legal research or law. Signed by Magistrate Judge Lisette M. Reid on 3/30/2020. (nn)
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| Filing 9 MOTION for Enlargement of Time Pursuant to Fed. R. Civ. P. 26 (b) re #5 Order, Set/Reset Deadlines, by Ruben Alexander Babilonia. Responses due by 4/13/2020 (mee) |
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Filing 8
PAPERLESS ORDER granting in part and denying in part #6 Motion for Leave to File exhibits to support equitable tolling. However, careful review of the separately filed exhibits [ECF No. 6] reveals that Movant has not provided the Jan. 16, 2016 letter to purportedly wrote the court, and the Jan. 13, 2016 "printed" letter was not provided, but a "hand written letter was provided instead. On this record, Movant shall provide further clarification, in the form of an affidavit, consistent with this court's prior order, explaining in detail and providing proof that these letters were mailed, in accordance with the mailbox rule, from his then current facility of confinement. Signed by Magistrate Judge Lisette M. Reid on 3/4/2020. (nn)
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Filing 7
PAPERLESS ORDER granting in part and denying in part #3 Motion to extent it is a supporting memorandum of law; to the extent he seeks a determination he is entitled to equitable tolling, this finding will be determined in conjunction with the 2255 motion. Signed by Magistrate Judge Lisette M. Reid on 3/4/2020. (nn)
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| Filing 6 MOTION to provide Exhibits for Equitable tolling and 2255 Motions by Ruben Alexander Babilonia. (jao) |
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Filing 5
ORDER REQUIRING THE FILING OF AN AFFIDAVIT AND EXHIBITS OMITTED FROM MOTION TO VACATE 28 U.S.C. 2255. On or before MARCH 26, 2020, Movant shall file a copy of the exhibits referenced in his supporting memorandum ECF No. #1 -1 and labeled Exhibits B through G, together with certified copies of his inmate account statement reflecting that prepaid postage was paid for out of his account on or about the relevant time periods of the filings, together with a copy of the prisons redacted outgoing legal mail log confirming what, if any, letters were sent from Movant to his counsel during the period January 2016 through September 2018., ( Responses due by 3/26/2020) Signed by Magistrate Judge Lisette M. Reid on 2/26/2020. See attached document for full details. (fbn)
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Filing 4
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Lisette M. Reid on 2/26/2020. See attached document for full details. (fbn)
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| Filing 3 MOTION for Equitable Tolling Re: #1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) by Ruben Alexander Babilonia. (ar2) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg 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. (ar2) |
| 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 # 15-cr-80055-RLR), filed by Ruben Alexander Babilonia. (Attachments: #1 Supplement)(ar2) |
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| Plaintiff: Ruben Alexander Babilonia | |
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| Defendant: United States of America | |
| Represented By: | Noticing 2255 US Attorney |
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