Ramirez v. United States of America
Plaintiff: Gabriel Orlando Ramirez
Respondent: United States of America
Case Number: 4:2022cv04146
Filed: October 27, 2022
Court: US District Court for the District of South Dakota
Presiding Judge: Veronica L Duffy
Referring Judge: Karen E Schreier
Nature of Suit: Prisoner Petitions: Habeas Corpus - Motions to Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 7, 2022 Filing 15 CERTIFICATE of Service by United States of America (Kelderman, Eric)
December 7, 2022 Opinion or Order Filing 14 ORDER granting #12 Motion to Amend/Correct. Signed by US Magistrate Judge Veronica L. Duffy on 12/7/22. (Duffy, Veronica) Sent to Gabriel Orlando Ramirez via US Postal Service on 12/7/2022 (DLC).
December 6, 2022 Filing 13 ATTORNEY-CLIENT PRIVILEGE WAIVER signed by Gabriel Orlando Ramirez. (DJP)
December 6, 2022 Filing 12 MOTION to Amend/Correct #1 Motion to Vacate/Set Aside/Correct Sentence (2255) by Gabriel Orlando Ramirez. (Attachments: #1 Attachment) (DJP)
November 15, 2022 Opinion or Order Filing 11 ORDER granting in part and denying in part Mr. Ramirez's #10 Motion to Extend Deadlines. Mr. Ramirez's waiver of attorney-client privilege is due December 2, 2022. The court grants Mr. Ramirez an extension until December 2, 2022, to file an amended 2255 motion should he wish to do so. Mr. Ramirez implies that the current 2255 motion was filed without his knowledge or permission, but that document bears his signature, indicating to the court that he did intend for the motion to be filed. See Docket No. 1 at p. 12. Signed by US Magistrate Judge Veronica L. Duffy on 11/15/22. (Duffy, Veronica) Sent to Gabriel Orlando Ramirez via US Postal Service on 11/15/2022 (DLC).
November 14, 2022 Filing 10 MOTION to Extend Deadline to amend #1 Motion to Vacate; MOTION for the court to recall orders of October 28, 2022 and November 2, 2022 by Gabriel Orlando Ramirez. (DJP)
November 2, 2022 Opinion or Order Filing 9 ORDER granting USA's #7 Motion for Extension of Time to Answer Mr. Ramirez's #1 Motion to Vacate/Set Aside/Correct Sentence (2255) and Order Directing Affidavit. United States of America's answer due 1/23/2023. Signed by US Magistrate Judge Veronica L. Duffy on 11/2/22. (Attachments: #1 Waiver) (Duffy, Veronica) Sent to Gabriel Orlando Ramirez via US Postal Service on 11/2/2022 (DLC).
November 2, 2022 Filing 8 MEMORANDUM in Support re #7 MOTION for Extension of Time to File Answer re #1 Motion to Vacate/Set Aside/Correct Sentence (2255) and Order Directing Affidavit filed by United States of America. (Kelderman, Eric)
November 2, 2022 Filing 7 MOTION for Extension of Time to File Answer re #1 Motion to Vacate/Set Aside/Correct Sentence (2255) and Order Directing Affidavit by United States of America. (Kelderman, Eric)
October 28, 2022 Filing 6 NOTICE of Appearance by Eric D. Kelderman on behalf of United States of America. (Kelderman, Eric)
October 28, 2022 Opinion or Order Filing 5 ORDER FOR SERVICE re #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Gabriel Orlando Ramirez. Signed by US Magistrate Judge Veronica L. Duffy on 10/28/2022. Mailed to Plaintiff on 10/28/2022(DJP)
October 27, 2022 Filing 4 NOTICE TO PLAINTIFF: The Clerks Office has received your Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. 2255. A new case has been opened. Copy of docket sheet sent to plaintiff. Any further documents or correspondence you send to the Clerks Office concerning your case must include the case number. All documents submitted for filing must also contain an original signature. Submitted documents are electronically scanned for filing and they become the official court record. The quality of the official court record is determined by the quality of the original documents received for filing. Writing should only be on one side of the paper and writing must be dark enough for scanning. All documents must be on 8.5 x 11 inch paper. A request to electronically file documents in your case must be made through the PACER Service Center at www.pacer.uscourts.gov. The plaintiff must keep the Court informed if the plaintiff's address changes. If the Court is not kept informed and multiple items are returned as undelivered, the plaintiff's case may be dismissed without prejudice for failure to prosecute. (DJP)
October 27, 2022 Filing 3 DECLARATION of Gabriel Orlando Ramirez re #1 Motion to Vacate/Set Aside/Correct Sentence (2255). (DJP)
October 27, 2022 Filing 2 MEMORANDUM in Support re #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Gabriel Orlando Ramirez. (Attachments: #1 Ex A) (DJP)
October 27, 2022 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence pursuant to 28:2255 Criminal Case No.: 4:19-CR-40035--KES-1. (DJP)

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Plaintiff: Gabriel Orlando Ramirez
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Respondent: United States of America
Represented By: Kevin Koliner
Represented By: Eric D. Kelderman
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