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06-275 - USA v. Ramos et al


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06-275 - USA v. Ramos et al
August 25, 2009
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ORDER entered that this matter is before the Court on Petitioner Raul Ramos pro se Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 223), the Governments Response/Motion to Dismiss (Doc. 226), the Report and Recommendation issued by U.S. Magistrate Judge William E. Cassady (Doc. 227) and Defendants Objection thereto. (Doc. 228). In the Report and Recommendation, Judge Cassady recommended that the § 2255 motion to vacate be denied because Petitioner Ramos claim of prejudice was unsupported by any factual allegations and was wholly conclusory and too insubstantial to require a hearing: (Doc. 227 at 1-2). In his Objection, Petitioner Ramos asserts that his motion was filed using the proper court approved form and that his claims were properly presented. (Doc. 228). A review of the record reveals that the Petitioner is correct. Petitioner Ramos § 2255 motion was not scanned in its entirety when it was docketed by the Clerks Office on March 6, 2009, such that Page 5 of the § 2255 motion was inadvertently omitted. Accordingly, the Clerk of Court is DIRECTED to re-scan Petitioner Ramos § 2255 motion in its entirety and docket the corrected motion as an attachment to the original docket entry (Doc. 223) and then refer the motion to U.S. Magistrate Judge Cassady for further consideration. Signed by Judge Kristi K. DuBose on 8/24/09. (mca)
August 10, 2010
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REPORT AND RECOMMENDATION entered re 223 MOTION to Vacate under 28 U.S.C. 2255 by Raul Ramos. For all the reasons set forth in this Report, it is recommended that the petition be DENIED Objections to R&R due by 8/24/2010. Signed by Magistrate Judge William E. Cassady on 8/9/2010. copy mailed to petitioner (mca)
August 27, 2010
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ORDER ADOPTING REPORT AND RECOMMENDATION as to Raul Ramos. After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge and dated 8/9/2010 is adopted as the opinion of this Court. Signed by Judge Kristi K. DuBose on 8/27/2010. (mca)
April 21, 2016
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ORDER as to Raul Ramos. Motion for reduction of sentence 249 is DENIED. Signed by Judge Kristi K. DuBose on 4/21/2016. copy mailed to defendant (mcb)
January 5, 2017
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ORDER as to Raul Ramos. The Clerk of Court is directed to immediately transfer Ramos' motions (Docs. 255, 257) to the Court of Appeals for the Eleventh Circuit. This action shall be stayed pending the decision of the Eleventh Circuit as to whether Ramos is authorized to proceed with his second § 2255 motion(s). Signed by Judge Kristi K. DuBose on 1/5/2017. (mcb)