Bennett v. USA
Filing
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ORDER re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255) - Within 30 days of the date this Order is filed, Movant must file a completed and signed Certificate, using the Certificate form provided with this Order, certifying that Movant 39;s signature on the Certificate will serve as an original signature, under penalty of perjury, on his § 2255 Motion for purposes of 28 U.S.C. § 2242, Rule 2(b)(5) of the Rules Governing Section 2255 Proceedings, Rule 11(a) of the Federa l Rules of Civil Procedure, and Rule 3.5(a) of the Local Rules of Civil Procedure. If Movant fails to file a completed and signed Certificate on the form provided with this Order, within 30 days, the § 2255 Motion (Doc. 16 in CR 07-0238-PCT-SS M) will be stricken and the Clerk of Court must, without further notice, enter a judgment of dismissal without prejudice of the civil action (CV 15-8046-PCT-SMM (MHB)) opened in connection with the § 2255 Motion. The Clerk of Court must mail Movant the Certificate form. Signed by Senior Judge Stephen M McNamee on 4/3/15. (LAD)
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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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v.
No. CV 15-8046-PCT-SMM (MHB)
CR 07-0238-PCT-SMM
ORDER
Alvin Franke Bennett,
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Defendant/Movant.
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On March 30, 2015, Movant Alvin Franke Bennett, who is confined in the United
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States Penitentiary-Lewisburg in Lewisburg, Pennsylvania, filed an unsigned pro se
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Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in
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Federal Custody.
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I.
Movant’s § 2255 Motion is Unsigned
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Movant did not sign his § 2255 Motion. The § 2255 Motion must be signed by
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Movant under penalty of perjury. See 28 U.S.C. § 2242; Rule 2(b)(5) of the Rules
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Governing Section 2255 Proceedings; Fed. R. Civ. P. 11(a); LRCiv 3.5(a). An unsigned
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pleading must be stricken unless omission of the signature is corrected promptly after
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being called to the attention of the party. Fed. R. Civ. P. 11(a).
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filing date of this Order to submit a completed and signed Certificate, using the
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Certificate form included with this Order, certifying that Movant’s signature on the
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Because the § 2255 Motion is unsigned, Movant will be given 30 days from the
Certificate will serve as an original signature, under penalty of perjury, on his § 2255
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Motion for the purposes of 28 U.S.C. § 2242, Rule 2(b)(5) of the Rules Governing
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Section 2255 Proceedings, Rule 11(a) of the Federal Rules of Civil Procedure, and Rule
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3.5(a) of the Local Rules of Civil Procedure.
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If Movant fails to file a completed and signed Certificate on the form provided
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with this Order, within 30 days, the Clerk of Court will, without further notice, strike his
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§ 2255 Motion and dismiss this case.
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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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stricken without further notice to Movant.
Copies
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C.
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If Movant fails to timely comply with every provision of this Order, including
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these warnings, the Court may dismiss this § 2255 action without further notice. See
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Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss
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an action for failure to comply with any order of the Court).
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IT IS ORDERED:
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(1)
Possible Dismissal
Within 30 days of the date this Order is filed, Movant must file a completed
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Movant’s signature on the Certificate will serve as an original signature, under penalty of
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perjury, on his § 2255 Motion for purposes of 28 U.S.C. § 2242, Rule 2(b)(5) of the
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Rules Governing Section 2255 Proceedings, Rule 11(a) of the Federal Rules of Civil
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and signed Certificate, using the Certificate form provided with this Order, certifying that
Procedure, and Rule 3.5(a) of the Local Rules of Civil Procedure.
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(2)
If Movant fails to file a completed and signed Certificate on the form
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provided with this Order, within 30 days, the § 2255 Motion (Doc. 16 in CR 07-0238-
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PCT-SSM) will be stricken and the Clerk of Court must, without further notice, enter a
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judgment of dismissal without prejudice of the civil action (CV 15-8046-PCT-SMM
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(MHB)) opened in connection with the § 2255 Motion.
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(3)
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DATED this 3rd day of April, 2015.
The Clerk of Court must mail Movant the Certificate form.
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Honorable Stephen M. McNamee
Senior United States District Judge
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______________________________
______________________________
______________________________
(Your Name and Address)
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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,
Plaintiff,
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No. CV 15-8046-PCT-SMM (MHB)
CR 07-0238-PCT-SMM
v.
CERTIFICATE
Alvin Franke Bennett,
Defendant/Movant.
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I, Alvin Franke Bennett, hereby certify:
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I have read the pro se § 2255 Motion filed by me on March 30, 2015, and to the
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best of my knowledge, information, and belief, formed after an inquiry reasonable under
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the circumstances:
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(1)
it is not being presented for any improper purpose, such as to
harass or to cause unnecessary delay or a needless increase in
the cost of litigation;
(2)
the claims, defenses, and other legal contentions therein are
warranted by existing law or by a nonfrivolous argument for
the extension, modification, or reversal of existing law or the
establishment of new law;
(3)
the allegations and other factual contentions have evidentiary
support or, if specifically so identified, are likely to have
evidentiary support after a reasonable opportunity for further
investigation or discovery; and
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....
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(4)
the denials of factual contentions are warranted on the
evidence or, if specifically so identified, are reasonably based
on a lack of information or belief.
I further certify that my signature on this document shall serve as an original
signature, under penalty of perjury, on the above-referenced § 2255 Motion for the
purposes of 28 U.S.C. § 2242, Rule 2(b)(5) of the Rules Governing Section 2255
Proceedings, Rule 11(a) of the Federal Rules of Civil Procedure, and Rule 3.5(a) of the
Local Rules of Civil Procedure.
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EXECUTED on this ______ day of ______________________________, 2015.
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(Signature of Movant)
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Alvin Franke Bennett
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