Davis v. United States Of America
Plaintiff: Xavier Davis
Defendant: United States Of America
Case Number: 9:2020cv80914
Filed: June 9, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: James I Cohn
Referring Judge: Lisette M Reid
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 20, 2020 Opinion or Order Filing 13 ORDER TO PLAINTIFF TO FILE AFFIDAVIT ANDEVIDENCE TO SUPPORT CLAIM ONE RE COUNSELS FAILURE TO FILE A REQUESTED DIRECT APPEAL. On or before AUGUST 17, 2020, Movant shall file an affidavit, under penalty of perjury, clearly setting forth Movants anticipated testimony at an evidentiary hearing, which shall include the exact nature of the conversation with counsel, including Movants response to counsel's representation that no appeal would be filed. Signed by Magistrate Judge Lisette M. Reid on 7/17/2020. See attached document for full details. (br)
July 20, 2020 Opinion or Order Filing 12 ORDER TO SHOW CAUSE: on or before thirty days from AUGUST 17, 2020, or, if filed earlier, thirty days from the day Movant files his Affidavit and exhibits as to claim one that counsel failed to file a requested direct appeal, 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 7/17/2020. See attached document for full details. (br)
July 17, 2020 Filing 11 FINAL AMENDED 2255 PETITION against United States Of America, filed by Xavier Davis.(drz)
July 17, 2020 Deadline(s)/Hearing(s) terminated Per Filing of Final Amended 2255 Petition DE#11 . (drz)
July 15, 2020 Filing 10 NOTICE by United States Of America of Filing Transcripts (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Dispoto, Mark)
July 14, 2020 Opinion or Order Filing 9 ORDER denying #8 Motion for Leave to File Excess Pages and Striking Proposed Amended Motion to Vacate. On or before AUGUST 14, 2020, Movant shall file a final amended 2255 motion that complies with the applicable rules of procedure set forth in this order. Signed by Magistrate Judge Lisette M. Reid on 7/13/2020. See attached document for full details. (Attachments: #1 2255 form) (br)
July 13, 2020 Filing 8 MOTION for Enlargement of Pages by Xavier Davis. (STRICKEN - See DE #9 - Attachments: #1 Memorandum of Law)(drz) Modified on 7/14/2020 (br).
June 12, 2020 Opinion or Order Filing 7 SUA SPONTE ORDER TO RESPONDENT TO FILE TRANSCRIPTS; the government shall file a copy of the change of plea and sentencing transcripts in the underlying criminal case on or before JULY 15, 2020, together with a notice of filing in this case so that the court is made aware that the transcripts have been filed and made part of the criminal record under attack here. Signed by Magistrate Judge Lisette M. Reid on 6/12/2020. See attached document for full details. (br)
June 12, 2020 Opinion or Order Filing 6 FINAL ORDER REQUIRING THE FILINGOF A PROPER FINAL AMENDED MOTION TO VACATE ( Amended Pleadings due by 7/15/2020.) Signed by Magistrate Judge Lisette M. Reid on 6/12/2020. See attached document for full details. (Attachments: #1 2255 Form) (br)
June 12, 2020 Opinion or Order Filing 5 INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Lisette M. Reid on 6/12/2020. See attached document for full details. (br)
June 10, 2020 Filing 4 NOTICE of Attorney Appearance by Mark Dispoto on behalf of United States Of America. Attorney Mark Dispoto added to party United States Of America(pty:dft). (Dispoto, Mark)
June 9, 2020 Filing 3 TITLE 28 U.S.C. SECTION 2255 MOTION/PETITION/MEMORANDUM of Law re #1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) by Xavier Davis. (drz)
June 9, 2020 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. (drz)
June 9, 2020 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 # 18-CR-80195), filed by Xavier Davis.(drz)

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Plaintiff: Xavier Davis
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Defendant: United States Of America
Represented By: Noticing 2255 US Attorney
Represented By: Mark Dispoto
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