This initial brief was filed on Jan. 14, 2010. Click the file below to read the Initial Brief of the Appellant.
In the United States Court of Appeals for The Eleventh Circuit.
Right click the FLA’s Brief link, select Save Target As, save to your computer. Or please be patient while the document loads.
Appendix to the above Appellate Brief. Right click the Appendix link, select Save Target As, save to your computer. Or please be patient while the document loads.
June 2011 Motion
Frank L. Amodeo files the motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. §2255.
April 2012 Motion
Frank L. Amodeo files the motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. §2255 with special continuation pages.
McClean Hospital Letters
Letters from McClean Hospital regarding Frank L. Amodeo
McClean Hospital letter
November 2014 Declaration
FLA-Declaration with Appendix1
Memo In Support: Objections to the Order, My Motion: Reconsider Order & Guardian
My mental health issue permeates both this proceeding and a variety of related or parallel proceedings. It seems society, including this court, has a profound misunderstanding of mental illness generally and bipolar disease in particular. That misunderstanding wraps itself around and infuses itself within every analysis of my circumstances, invariably drawing the analyst to inaccurate conclusions. In the absence of an advocate, I am forced to try to explain my bipolar disease and how the disease impacts me in these lawsuits.
Memo Support My Objections to Magistrate Report and Reconsider
Notice of Intent to Seek Reconsideration and then Appeal
Before this memorandum could be filed, I received, electronically, a summary of your recent orders. Once more, this court makes a decision from an incomplete factual context. Accordingly, within the limitations of Rule 59(e) I will file the appropriate pleadings to see reconsideration.
Notice of Intent to Seek Reconsideration and then Appeal
The purpose of this letter is to support the petitioner’s requested extension of time.
Because of both the passage of time and the extensive record development since the original 2255 motion was files, I believe it appropriate to summarize the arguments and evidence now before the district court.
FLA – Case Summary Memorandum
Motion to Reconsider the Court’s March 11, 2014 Decree
Motion to Reconsider the Court’s March 11, 2014 Decree Amending the Criminal Judgment and the Forfeiture Order it Comprises.
Motion to Reconsider Courts March 11 Decree
Supreme Court: Oral Argument
Editorial Information: Prior History By Lance J. Rogers, McQuiggin v. Perkins. U.S., No. 12-126, 2/25/13.
Key Issue: Is there an “actual innocence” exception to AEDPA’s one-year deadline for seeking federal habeas corpus relief?
Letter to the Honorable David A. Baker
The impetus of this letter-pleading is the inherent inability of an imprisoned, pro se litigant to adequately communicate with either opposing counsel or the court.
Letter_Honorable David Baker
Second Motion for Summary Judgment Group 1,1.1
I renew my request for summary disposition of Ground One, Claim 1.1 in my §2255 motion. The ground asserts that my attorney had an actual conflict of interest at a critical stage in the criminal proceedings, thereby denying me the Sixth Amendment guarantee of unconflicted counsel. The underlying factual foundation is uncontested; and the authority, which guides, if not dictates, this court’s analysis, requires relief. Notably, because this issue was raised in the district court prior to sentencing, this court need only decide one question to determine whether this motion should be granted:
Second Motion_Ground 1_Claim 1-1
Petition for Writ of Certiorari with Appendices
Click below to read my Petition for Writ of Certiorari with Appendices.
WRIT of Certiorari with Appendices
Traverse of the United States’ Response
Because the government lacked a valid challenge to the merits, it resorted to an array of technical defenses.
The record does not conclusively refute my allegations; to the contrary it supports and corroborates them.
Traverse of the United States’s Response
Motion to Alter or Amend Part 1 of the Magistrates Jan. 8, 2013 Order
My motion filed on Feb. 6, 2013 to Alter or Amend Part 1 of the Magistrates January 8, 2013 Order.
Motion to Alter or Amend Pt1 of Magistrate’s 1-8 Order
Memo in Support of Motions to Reconsider Pt 1 & Pt 2 of Magistrate’s Order
By its response, the government effectively concedes all the factual allegations in both the original §2255 motion and all four motions for summary judgment. The government technical and procedural defenses are generally invalid or otherwise meritless. The government relies on the “contrived” statute-of-limitations defense. I call it “contrived” because my pro se motions were dismissed 5 times in a row even though each contained the same claims or virtually the same claims. Only after the (f)(1) time bar fell; was the motion magically accepted.
Memo in Support to Reconsider Pt 1&2 of Magistrates Order
Reply to the US Response to the Motion to Disqualify Counsel
The government’s response to my motion to disqualify misses the point of the motion.
Reply to US Response to Motion to Disqualify Counsel
Motion to Terminate Guardianship and More
Click the document to view my motion to Terminate Guardianship and Restore my Legal Capacity.
Case 2008-CP-001369-0_Motion to Terminate Guardianship and Restore Legal Capacity
Memorandum in Support of Amodeo’s Motion to Vacate
Memorandum in Support of Frank Amodeo’s Motion to Vacate: some presumptions and principles governing 2255 proceedings …
08152012_Memorandum in Support of FLA’s motion to Vacate
Motion to Expand the §2255 Record to Include The Amended Brief Filed on Direct Appeal
FrankAmodeo_Motion to Expand_08152012
Amodeo’s Objections to the Magistrate’s Jan. 23, 2015 Report
Objections to Magistrates 01232015 Report.
Amodeo’s Memorandum to the Objections to the Magistrate’s Jan. Recommendation
Memo for Objections to Magistrates 01232015 Report