Stapleton v. United States of America
Plaintiff: Michael Stapleton
Defendant: United States of America
Case Number: 9:2023cv81082
Filed: July 25, 2023
Court: U.S. District Court for the Southern District of Florida
Presiding Judge: Donald M Middlebrooks
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. § 2255 Motion to Vacate Sentence
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2023 Filing 23 Notice to Correct-MOTION to Amend re #1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) by Michael Stapleton. Responses due by 10/2/2023 (Attachments: #1 Exhibit 2nd.amended.motion, #2 Exhibit 2nd.memorandum.of.law)(mee)
September 18, 2023 Filing 22 NOTICE TO THE COURT by Michael Stapleton. (ebz)
September 7, 2023 Opinion or Order Filing 21 OMNIBUS ORDER. ORDER granting #20 Motion to Amend/Correct. Movant's Motion to Correct (DE 20) is GRANTED solely to the extent that the corrections referenced within the Motion shall be accepted as filed and considered in tandem with Movant's Amended Motion (DE 19). On or before OCTOBER 5, 2023, the Government shall file a memorandum of fact and law to show cause why the Amended Motion with incorporated Memorandum of Law (DE 19) should not be granted, specifically addressing the merits of Movants claims. (Show Cause Response due by 10/5/2023). Signed by Judge Donald M. Middlebrooks on 9/7/2023. See attached document for full details. (nan)
September 5, 2023 Filing 20 MOTION to Correct an Error in 2255 Motion by Michael Stapleton. (ebz)
August 28, 2023 Filing 19 AMENDED MOTION (Complaint) to Set Aside Sentence (2255) against United States of America, filed by Michael Stapleton.(ebz)
August 28, 2023 Filing 18 Clerk's Notice of Docket Correction re #14 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255). Correction Other. Wrong Event used. (ebz)
August 28, 2023 Filing 17 NOTICE OF INQUIRY re Filing Fees by Michael Stapleton. (ebz)
August 28, 2023 Filing 16 NOTICE TO THE COURT by Michael Stapleton. (ebz)
August 28, 2023 Filing 15 NOTICE TO THE COURT Re: Copies by Michael Stapleton. (ebz)
August 28, 2023 Filing 14 (Court only) Document restricted per DE 18 Clerk's Notice of Docket Correction. (ebz).
August 28, 2023 Filing 13 NOTICE TO THE COURT by Michael Stapleton. (ebz)
August 24, 2023 Filing 12 NOTICE to the Court by Michael Stapleton. (ebz)
August 16, 2023 Filing 11 NOTICE of Attorney Appearance by Alicia E. Shick on behalf of United States of America. Attorney Alicia E. Shick added to party United States of America(pty:dft). (Shick, Alicia)
August 11, 2023 Filing 10 NOTICE of Compliance re #9 Order on Motion to Amend/Correct. A copy of the Order, DE#9 and the authorized form used in Section 2255 cases was mailed to the Movant. (nan)
August 11, 2023 Reset Deadlines Amended Complaint/2255 Motion to Vacate due by 9/12/2023. Show Cause Response stayed until 9/14/2023. (mr1)per DE #9
August 10, 2023 Opinion or Order Filing 9 ORDER DENYING MOTION FOR LEAVE TO AMEND. ORDER denying #8 Motion to Amend/Correct. Movant is further instructed that the Amended Motion must be filed (i.e., received by the Court) by the SEPTEMBER 12, 2023 deadline. Compliance with my July 27, 2023 Order to Show Cause (DE 5) is hereby stayed until SEPTEMBER 14, 2023. The Clerk of Court shall send Movant a copy of the authorized form used in Section 2255 cases and note the Court's docket that this has been accomplished, as ordered. The Clerk is INSTRUCTED to affix the civil case number listed above on the form. Signed by Judge Donald M. Middlebrooks on 8/10/2023. See attached document for full details. (Attachments: #1 Authorized Form) (nan)
August 9, 2023 Filing 8 MOTION for Leave to Amend Petition Filed Under Title 28 U.S.C. 2255 by Michael Stapleton. Responses due by 8/23/2023 (Attachments: #1 Amended Motion Under 28 U.S.C. 2255, #2 Amended Memorandum of Law In Support of Motion Under 28 U.S.C. 2255 to Vacate, Set Aside or Correct Sentence by a person in Federal Custody)(ebz)
August 9, 2023 Filing 7 NOTICE To The Court by Michael Stapleton. (ebz)
July 27, 2023 Opinion or Order Filing 6 ORDER denying as moot #3 Motion. ORDERED AND ADJUDGED that Movant's Motion (DE 3) is DENIED as moot as I have entered a separate Order directing the Government to file a response to the Movant's Section 2255 Motion (DE 1) with supporting Memorandum (DE 1-1). Signed by Judge Donald M. Middlebrooks on 7/27/2023. See attached document for full details. (nan)
July 27, 2023 Opinion or Order Filing 5 ORDER TO SHOW CAUSE. On or before AUGUST 30, 2023, the Government shall file a memorandum of fact and law to show cause why the Motion should not be granted, specifically addressing the merits of Movant's claims. (Show Cause Response due by 8/30/2023). Signed by Judge Donald M. Middlebrooks on 7/27/2023. See attached document for full details. (nan)
July 27, 2023 Opinion or Order Filing 4 ORDER OF INSTRUCTIONS TO PRO SE HABEAS PETITIONERS. Signed by Judge Donald M. Middlebrooks on 7/27/2023. See attached document for full details. (nan)
July 25, 2023 Filing 3 MOTION for Due Process of Law on Petitioner's 28 U.S.C. & 2255 Habeas Corpus Motion by Michael Stapleton. (amb)
July 25, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. (amb)
July 25, 2023 Filing 1 MOTION (Complaint) to Vacate Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 14-CR-80151-DMM), filed by Michael Stapleton. (Attachments: #1 Memorandum of Law)(amb) #2 Exhibit Appendix for 2255 Petition). Modified PDF document on 7/28/2023 (vjk). (Additional attachment(s) added on 9/22/2023: #3 Exhibit 2ndamended.Motion.to.Vacate) (mee). (Additional attachment(s) added on 9/22/2023: #4 Memorandum 2nd.memorandum.of.law) (mee). Modified on 9/22/2023 (mee). Per chamber request.

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Plaintiff: Michael Stapleton
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Defendant: United States of America
Represented By: Noticing 2255 US Attorney
Represented By: Alicia E. Shick
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