Case: 8:13-cv-02778-VMC-AEP As of: 11/02/2019 12:51 PM EDT 1 of 3

2255, CLOSED
U.S. District Court
Middle District of Florida (Tampa)
CIVIL DOCKET FOR CASE #: 8:13−cv−02778−VMC−AEP

Bennett v. USA Date Filed: 10/28/2013

Assigned to: Judge Virginia M. Hernandez Covington Date Terminated: 04/02/2015
Referred to: Magistrate Judge Anthony E. Porcelli Jury Demand: None
Case in other court: Criminal Case number, Nature of Suit: 510 Prisoner: Vacate
8:11−cr−14−T−33AEP Sentence
Cause: 28:2255 Motion to Vacate Sentence Jurisdiction: U.S. Government Defendant
Plaintiff
Scott Allan Bennett represented by Scott Allan Bennett
#29418−016
c/o GEO Reentry Services
23 Railroad Avenue, #23
Danville, CA 94526
PRO SE

V.
Defendant
USA represented by Sara C. Sweeney
US Attorney's Office − FLM*
Suite 3100
400 W Washington St
Orlando, FL 32801
(407) 648−7555
Fax: (407) 648−7643
Email: sara.sweeney@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

10/28/2013 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No.
8:11−cr−14−T−33AEP filed by Scott Allan Bennett. (Originally filed in criminal
action 8:11−cr−14−T−33AEP, as document 186) (Attachments: # 1 Text of Proposed
Order, # 2 Mailing Envelope)(RVB) (Entered: 10/29/2013)
10/28/2013 2 MOTION for Hearing re 1 MOTION to Vacate, Set Aside or Correct Sentence (2255)
Criminal Case No. 8:11−cr−14−T−33AEP by Scott Allan Bennett. (originally filed in
criminal case as document 187) (Attachments: # 1 Text of Proposed Order)(RVB)
(Entered: 10/29/2013)
10/28/2013 3 RESPONSE to Motion re 1 MOTION to Vacate, Set Aside or Correct Sentence (2255)
Criminal Case No. 8:11−cr−14−T−33AEP filed by Scott Allan Bennett. (originally
filed in criminal case as document 191) (RVB) (Entered: 10/29/2013)
10/30/2013 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 −
track 1. Notice of pendency of other actions due by 11/13/2013. Signed by Judge
Virginia M. Hernandez Covington on 10/30/2013. (LYB) (Entered: 10/30/2013)
11/04/2013 5 REPLY to Response to Motion re 1 MOTION to Vacate, Set Aside or Correct
Sentence (2255) Criminal Case No. 8:11−cr−14−T−33AEP filed by Scott Allan
Bennett. (Attachments: # 1 Mailing Envelope)(RVB) (Entered: 11/04/2013)
11/15/2013 6 NOTICE of pendency of related cases re 4 Related case order and track 1 notice per
Local Rule 1.04(d) by Scott Allan Bennett. Related case(s): yes (RVB) (Entered:
11/15/2013)
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11/15/2013 7 Letter MOTION for Extension of Time to Amend 1 MOTION to Vacate, Set Aside or
Correct Sentence (2255), by Scott Allan Bennett. (Attachments: # 1 Cover Letter, # 2
Text of Proposed Order, # 3 Mailing Envelope)(RVB) (Entered: 11/15/2013)
11/18/2013 8 ORDER granting 7 Bennett's Motion for Extension of Time to Amend his construed
motion to vacate. Bennett shall file the amended motion to vacate on or before January
31,2014. The amended motion to vacate shall comply with the conditions set out in the
order. Signed by Judge Virginia M. Hernandez Covington on 11/18/2013. (SM)
(Entered: 11/18/2013)
01/28/2014 9 AMENDED MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case
No. 8:11−CR−14−T−33AEP filed by Scott Allan Bennett. (Attachments: # 1 Exhibit
Exhibits to Motion to Vacate, # 2 Letter, # 3 Mailing Envelope)(VCG) (Entered:
01/29/2014)
02/03/2014 10 ORDER that Bennett's amended motion to vacate is stayed pending the outcome of his
criminal appeal. The Clerk is directed to administratively close this case. Within 20
days of the date the Eleventh Circuit enters an order in Bennett's criminal appeal,
Bennett shall file a motion to reopen this case, or a motion to dismiss this case,
depending on the outcome of the criminal appeal. Request for free copies of document
is denied. Request to be relieved of any and all Bureau of Prisons Restrictions is
denied. Signed by Judge Virginia M. Hernandez Covington on 2/3/2014.
(Attachments: # 1 Exhibit)(SM) (Entered: 02/03/2014)
02/20/2014 Mail returned as Undeliverable "Refused" re: 10 Order. Mail not resent to Scott Allan
Bennett due to refusal. (RFK) Order resent on 3/3/2014 to address provided on 11 pro
se motion. Modified on 3/3/2014 (DMS). (Entered: 02/20/2014)
03/03/2014 11 MOTION for copies by Scott Allan Bennett. (DMS) Motions referred to Magistrate
Judge Anthony E. Porcelli. (Additional attachment(s) added on 3/3/2014: # 1 Text of
Proposed Order, # 2 Mailing Envelope) (DMS). (Entered: 03/03/2014)
03/04/2014 12 ENDORSED ORDER granting 11 Bennett's Motion for copies to the extent that the
Court shall send Bennett a copy of the docket sheet. This case is administratively
closed. The Government has responded to the original motion to vacate (Doc. 3) and
Bennett has replied to that response.. Signed by Magistrate Judge Anthony E. Porcelli
on 3/4/2014. (SM) (Entered: 03/04/2014)
03/17/2014 Mail returned as Undeliverable (Refused) re: 12 Order on motion for copies. Unable to
Forward to Scott Allan Bennett. (RFK) (Entered: 03/18/2014)
03/18/2015 13 ORDER that on or before March 31, 2015, Bennett shall show cause why this case
should not be dismissed for failure to prosecute. Failure to respond to this Order, and
to provide an adequate reason for failing to respond timely to the Court's February 3,
2014 Order will result in the dismissal of this case. Signed by Judge Virginia M.
Hernandez Covington on 3/18/2015. (SM) (Entered: 03/18/2015)
04/02/2015 14 ORDER that Bennett's 28 U.S.C. section 2255 motion to vacate is dismissed. The
Clerk is directed to enter judgment against Bennett and to close this case. COA
and IFP on appeal denied. Signed by Judge Virginia M. Hernandez Covington on
4/2/2015. (SM) (Entered: 04/02/2015)
04/02/2015 15 CLERK'S JUDGMENT in favor of USA against Scott Allan Bennett Signed by
Deputy Clerk on 4/2/2015. (VCG) (Entered: 04/02/2015)
04/20/2015 Mail returned as Undeliverable; Defendant is no longer in custody of BOP; Released
on 05/15/2014. re: 14 Order, 15 Clerk's Judgment. Mail unable to be resent to Scott
Allan Bennett. Documents placed in Defendant's file. (VCG) (Entered: 04/20/2015)
07/13/2015 16 MOTION for Hearing by Scott Allan Bennett. (Attachments: # 1 Exhibit 1−3, # 2
Exhibit Letter to the Court)(LD) (Entered: 07/13/2015)
07/14/2015 17 ORDER denying 16 Bennett's Motion for Hearing. The Clerk is directed to send
Bennett a copy of the docket sheet. Signed by Judge Virginia M. Hernandez
Covington on 7/14/2015. (SM) (Entered: 07/14/2015)
07/29/2015 18 MOTION to Reopen Case due to Defendant not being served notice of Judge's Order
regarding pending §2255 Motion by Scott Allan Bennett. (Attachments: # 1 Exhibit
1−3, # 2 Exhibit Correspondence)(LD) (Entered: 07/29/2015)
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07/31/2015 19 ENDORSED ORDER that on or before August 30, 2015, the Government shall
respond to Bennett's motion to reopen this case. Signed by Judge Virginia M.
Hernandez Covington on 7/31/2015. (SM) Modified on 8/3/2015 (SM). (Entered:
07/31/2015)
08/28/2015 20 RESPONSE in Opposition re 18 MOTION to Reopen Case filed by USA.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sweeney, Sara) (Entered:
08/28/2015)
08/31/2015 21 ORDER denying 18 Bennett's Motion to Reopen Case. To the extent necessary,
the Court declines to issue a certificate of appealability and Bennett is not entitled
to appeal in forma pauperis. Signed by Judge Virginia M. Hernandez Covington
on 8/31/2015. (SM) (Entered: 08/31/2015)
09/09/2015 22 REPLY re 20 Response in Opposition to Motion by Scott Allan Bennett (voluminous
paper exhibits located in expandable file on shelf). (Attachments: # 1 Mailing
Envelope)(LSS) (Entered: 09/10/2015)