Florida Southern District Court
Judge:James I Cohn
Referred: Patrick A White
Case #: 0:16-cv-62469
Nature of Suit510 Prisoner Petitions - Motions to Vacate Sentence
Cause28:2255 Motion to Vacate Sentence
Case Filed:Oct 19, 2016
Terminated:Jun 19, 2018

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Docket last updated: 04/25/2024 11:59 PM EDT
Wednesday, June 20, 2018
32 32 order Order Withdrawing Reference/Case No Longer Referred Wed 06/20 9:43 AM
Case No Longer Referred to Magistrate Judge Patrick A. White/Case Closed by the District Judge. Signed by Magistrate Judge Patrick A. White on 6/20/2018. (br)
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Tuesday, June 19, 2018
31 31 3 pgs order Order Adopting Report and Recommendations Tue 06/19 2:28 PM
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Adopting30 Report and Recommendations. Certificate of Appealability: DENIED Closing Case. Motions terminated:30 REPORT AND RECOMMENDATIONS on 28 USC 2255 case re13 Amended Complaint filed by Delvis Demaine Rogers,17 MOTION Reduction of Sentence re15 Notice (Other) filed by Delvis Demaine Rogers Recommending that movants 2255 motion to vacate be D. Signed by Senior Judge James I. Cohn on 6-19-18. (rms1)
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Thursday, May 17, 2018
30 30 motion Report and Recommendations Thu 05/17 2:59 PM
REPORT AND RECOMMENDATIONS on 28 USC 2255 case re13 Amended Complaint filed by Delvis Demaine Rogers,17 MOTION Reduction of Sentence re15 Notice (Other) filed by Delvis Demaine Rogers; Recommending that movants 2255 motion to vacate be DENIED; the motion for reduction of sentence be DENIED; that no certificate of appealability issue; and, that the case be closed. Objections to R&R due by 5/31/2018. Signed by Magistrate Judge Patrick A. White on 5/16/2018. (br)
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Thursday, May 10, 2018
29 29 misc Letter Thu 05/10 2:44 PM
Letter re : Status of ruling from Delvis Rogers (mee)
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Wednesday, October 18, 2017
28 28 order Order on Motion for Miscellaneous Relief Wed 10/18 10:19 PM
PAPERLESS ORDER denying27 Motion for immediate release to the extent the movant seeks an expedited determination of his motion to vacate, the motion will be reviewed in turn.In all other respects, at this juncture, the movant is not entitled to immediate release. Signed by Magistrate Judge Patrick A. White on 10/18/2017. (nn)
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Monday, October 02, 2017
27 27 motion Miscellaneous Relief Mon 10/02 10:14 AM
Plaintiff's MOTION for Immediate Release re26 Plaintiff's Reply to Government's Response by Delvis Demaine Rogers. (rms1)
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Monday, June 05, 2017
26 26 respm Response/Reply (Other) Mon 06/05 10:14 AM
Plaintiff's Reply to23 Response in Opposition to Motion,, by Delvis Demaine Rogers. (rms1)
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Thursday, May 18, 2017
25 25 order Order on Motion to Continue Thu 05/18 4:21 PM
ORDER denying as moot Movant's Motion Opposing Any Further Continuances from Respondent24 . On May 10, 2017, the Respondend has filed its response (DE#23) to this Court's Order to Show Cause. Signed by Magistrate Judge Patrick A. White on 5/18/2017. (mca)
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Wednesday, May 17, 2017
24 24 motion Continue Wed 05/17 8:43 AM
MOTION Opposing Further Continuances from Respondent re 22 Order on Motion for Extension of Time by Delvis Demaine Rogers. Responses due by 5/31/2017 (rms1)
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Wednesday, May 10, 2017
23 23 respm Response in Opposition to Motion Wed 05/10 12:33 PM
RESPONSE in Opposition re17 MOTION Reduction of Sentence re15 Notice (Other) and Final Amended 2255 Motion [ECF No. 13] filed by United States of America. Replies due by 5/17/2017.(Nathan, Daya)
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Att: 1 Exhibit Plea Colloquy Transcript,
Att: 2 Exhibit Sentencing Transcript,
Att: 3 Exhibit Plea Agreement,
Att: 4 Exhibit Factual Proffer,
Att: 5 Exhibit Motion for Booker Variance,
Att: 6 Exhibit Exhibit to Motion for Booker Variance (Amendment to Guidelines),
Att: 7 Exhibit Exhibit to Motion for Booker Variance (Letters),
Att: 8 Exhibit Notice of Filing Letters in Support of Mitigation,
Att: 9 Exhibit Exhibit to Notice (Letters in Support of Mitigation),
Att: 10 Exhibit Judgment
Thursday, April 20, 2017
22 22 order Order on Motion for Extension of Time Thu 04/20 8:14 AM
PAPERLESS ORDER granting Respondent's Motion for Extension of Time.21 Respondent's response to this Court's Order to Show Cause is due on or before May 22, 2017. Signed by Magistrate Judge Patrick A. White on 4/20/2017. (mca)
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Wednesday, April 19, 2017
21 21 motion Extension of Time Wed 04/19 8:42 PM
MOTION for Extension of Time to File Response by United States of America. Responses due by 5/3/2017(Nathan, Daya)
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Att: 1 Text of Proposed Order
Monday, April 10, 2017
20 20 notice Notice (Other) Tue 04/11 7:53 AM
NOTICE of Filing Supplementary Documentation by Delvis Demaine Rogers re 19 Order on Motion for Miscellaneous Relief,,, (rms1)
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Wednesday, March 22, 2017
utility ~Util - Set/Reset Answer Due Deadline Wed 03/22 2:41 PM
Set/Reset Answer Due Deadline as per DE 18 : United States of America response due 4/21/2017. (lk)
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Tuesday, March 21, 2017
19 19 order Order on Motion for Miscellaneous Relief Tue 03/21 4:24 PM
PAPERLESS ORDER granting Movant leave to amend his final amended §2255 motion subject to Davenport v. United States, 217 F.3d 1341 (11th Cir. 2000) and any other procedural bars and defenses that may apply. Movant's instant Motion for Reduction of Sentence17 is in legal effect an amendment to his §2255 motion, in which he argues that he is entitled to a reduction in his sentence based on postconviction rehabilitation. See United States v. Jordan, 915 F.2d 622, 62425 (11th Cir. 1990) (federal courts are obligated to look behind the label of a motion filed by a pro se inmate and determine whether the motion is, in effect, cognizable under a different remedial statutory framework.). Signed by Magistrate Judge Patrick A. White on 3/21/2017. (mca)
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18 18 order Order on Motion for Extension of Time to File Response/Reply/Answer Tue 03/21 4:16 PM
PAPERLESS ORDER granting Respondent's Motion for Extension of Time16 . Respondent's answer is due on or before April 21, 2017. Respondent is further directed to respond to Movant's additional claim that he is entitled to a reduction in sentence based on postconviction rehabilitation. (See DE#17). Signed by Magistrate Judge Patrick A. White on 3/21/2017. (mca)
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Monday, March 20, 2017
17 17 motion Miscellaneous Relief Tue 03/21 10:26 AM
MOTION Reduction of Sentence re15 Notice (Other) by Delvis Demaine Rogers. (lk)
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16 16 motion Extension of Time to File Response/Reply/Answer Mon 03/20 12:44 PM
First MOTION for Extension of Time to File Response/Reply/Answer as to14 Order to Show Cause by United States of America.(Nathan, Daya)
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Att: 1 Text of Proposed Order
15 15 notice Notice (Other) Mon 03/20 12:21 PM
NOTICE by United States of America of Filing Movant's Motion (Nathan, Daya)
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Att: 1 Exhibit Movant's Motion to Reduce Sentence
Friday, February 03, 2017
14 14 order Order to Show Cause Fri 02/03 10:26 AM
ORDER TO SHOW CAUSE. Signed by Magistrate Judge Patrick A. White on 2/3/2017. (tw)
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Tuesday, January 24, 2017
13 13 cmp Amended Complaint Tue 01/24 10:29 AM
AMENDED COMPLAINT against United States of America, filed by Delvis Demaine Rogers.(lan)
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Thursday, January 05, 2017
utility ~Util - Set/Reset Deadlines/Hearings Thu 01/05 1:41 PM
Set/Reset Deadlines/Hearings sa per DE12 : Amended Pleadings due by 2/6/2017. (lk)
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Wednesday, January 04, 2017
12 12 order - Order pdf attached Wed 01/04 2:50 PM
*ORDER REQUIRING MOVANT TO FILE ONE FINAL AMENDED MOTION. The movant will be given one last opportunity to amend his initial 2255 motion and include ALL claims for relief he wishes this Court to consider on his behalf. Movant's Final Amended Motion to Vacate is due on or before February 6, 2017. A Motion to Vacate form is being sent to the movant with his order. He is to title it "Final Amended Motion to Vacate," and make sure that his case number appears on the motion. See written order for further instructions. Signed by Magistrate Judge Patrick A. White on 1/4/2017. (lr)
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Att: 1 Supplement Motion to Vacate Form
11 11 cmp Amended Complaint Wed 01/04 9:54 AM
AMENDED COMPLAINT against United States of America, filed by Delvis Demaine Rogers.(lan)
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Wednesday, December 14, 2016
10 10 order Order of Instructions to Pro Se Litigant Wed 12/14 10:35 AM
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Patrick A. White on 12/13/2016. (tw)
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9 9 order Order on Motion to Amend/Correct Wed 12/14 10:34 AM
ORDER granting7 Motion to Amend/Correct. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge . Amended Pleadings due by 1/13/2017. Signed by Magistrate Judge Patrick A. White on 12/13/2016. (tw)
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Att: 1 Supplement 2255
Tuesday, December 13, 2016
8 8 order Order on Motion for Leave to Proceed In Forma Pauperis Tue 12/13 4:15 PM
PAPERLESS ORDER denying Plaintiff's Motion to Proceed in Forma Pauperis6 . A filing fee is not required in section 2255 proceedings. Signed by Magistrate Judge Patrick A. White on 12/13/2016. (mca)
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Friday, December 09, 2016
7 7 motion Amend/Correct Fri 12/09 3:23 PM
MOTION to Amend/Correct by Delvis Demaine Rogers. Responses due by 12/23/2016 (lan)
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Tuesday, October 25, 2016
6 6 motion Proceed In Forma Pauperis Tue 10/25 2:38 PM
MOTION for Leave to Proceed in forma pauperis by Delvis Demaine Rogers. (fbn)
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5 5 cmp Amended Complaint Tue 10/25 2:36 PM
AMENDED (Complaint) to Vacate, Set Aside, or Correct Sentence (2255) against United States of America, filed by Delvis Demaine Rogers.(fbn)
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Thursday, October 20, 2016
4 4 notice Notice of Attorney Appearance Thu 10/20 11:02 AM
NOTICE of Attorney Appearance by Daya Nathan on behalf of United States of America. Attorney Daya Nathan added to party United States of America(pty:dft). (Nathan, Daya)
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Wednesday, October 19, 2016
3 3 order Clerks Notice of Magistrate Judge Assignment Wed 10/19 3:36 PM
Clerks Notice of Magistrate Judge Assignment to Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19 for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (fbn)
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2 2 order Judge Assignment Wed 10/19 3:36 PM
Judge Assignment to Judge James I. Cohn (fbn)
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1 1 mot2255 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) Wed 10/19 3:35 PM
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-60076-JIC), filed by Delvis Demaine Rogers.(fbn)
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