Pulido-Mejia v. USA

Filing 6

ORDER granting 5 Movant's Motion for Extension of Time. Movant has 30 days from the date of filing of this Order to file an amended motion in compliance with the 11/1/12 Order and this Order. If Movant fails to comply, the Clerk of Court must terminate Document 29 in CR-12-646-PHX-GMS and enter a judgment of dismissal of the civil action opened in connection with this 2255 action (CV-12-2221-PHX-GMS(MEA)), without prejudice. Signed by Judge G Murray Snow on 1/17/13.(TLJ)

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WO

MDR

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,

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Plaintiff,

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vs.

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No. CV 12-2221-PHX-GMS (MEA)
CR 12-646-PHX-GMS

Jose Alfredo Pulido-Mejia,

ORDER

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Defendant/Movant.

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On October 17, 2012, Movant Jose Alfredo Pulido-Mejia, who is confined in the

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United States Penitentiary-Victorville in Adelanto, California, filed a “Motion for Time

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Reduction by an Inmate in Federal Custody, (28 U.S.C. ' 2255).” In a November 1, 2012

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Order, the Court denied the Motion because it was not filed on a court-approved form and

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gave Movant 30 days to file an amended § 2255 motion on a court-approved form.

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On November 30, 2012, Movant filed a “Motion Requesting Extension of Time”

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(Doc. 5).

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I.

Pending Motion

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to comply with the November 1st Order, claiming that he was transferred twice and did

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not receive the Order until November 19, 2012. The Court, in its discretion, will grant

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the Motion and will give Movant an additional 30 days to comply with the November 1st

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Order.

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JDDL

In his Motion Requesting Extension of Time, Movant seeks an extension of time

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II.

Warnings

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A.

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Movant must file and serve a notice of a change of address in accordance with

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Rule 83.3(d) of the Local Rules of Civil Procedure. Movant must not include a motion

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for other relief with a notice of change of address. Failure to comply may result in

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dismissal of this § 2255 action.

Address Changes

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B.

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Movant must submit an additional copy of every filing for use by the Court. See

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LRCiv 5.4. Failure to comply with this requirement may result in the filing being

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Copies

stricken without further notice to Movant.

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C.

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If Movant fails to timely comply with every provision of the November 1st Order

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and this Order, including these warnings, the Court may dismiss this § 2255 action

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without further notice. See Ferdik, 963 F.2d at 1260-61 (a district court may dismiss an

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action for failure to comply with any order of the Court).

Possible Dismissal

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IT IS ORDERED:

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(1)

Movant’s “Motion Requesting Extension of Time” (Doc. 5) is granted.

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(2)

Movant has 30 days from the date of filing of this Order to file an amended

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JDDL

motion in compliance with the November 1, 2012 Order and this Order.

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(3)

If Movant fails to file an amended motion within 30 days, the Clerk of

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Court must, without further notice, terminate Document 29 in CR 12-646-PHX-GMS and

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enter a judgment of dismissal of the civil action opened in connection with this ' 2255

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action (CV 12-2221-PHX-GMS (MEA)), without prejudice.

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Dated this 17th day of January, 2013.

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JDDL

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