Fowler v. UNITED STATES OF AMERICA

Filing 3

ORDER denying without prejudice 1 Motion to vacate, set aside, or correct sentence (2255). Petitioner is directed to re-file her Section 2255 motion, using the appropriate form, by June 15, 2012. Signed by Judge Susan C Bucklew on 5/23/2012. (JD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PATRICIA FOWLER
v.

Case No.: 8:12-cv-1080-T-24 AEP
8:10-cr-65-T-24 AEP

UNITED STATES OF AMERICA
/
ORDER
This cause is before the Court upon Petitioner Patricia Fowler’s motion to vacate, set
aside, or correct an allegedly illegal sentence pursuant to 28 U.S.C. Section 2255 (CV Doc. No.
1). Petitioner has filed a “Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct
Sentence by a Person in Federal Custody,” using the appropriate form required for such a motion
filed by a person in federal custody. However, rather than filling out the form, Petitioner refers
the Court to a brief attached to the form where she sets forth her claims for relief. This filing is
insufficient.
Accordingly, the motion as filed is DENIED WITHOUT PREJUDICE. Petitioner is
directed to re-file her Section 2255 motion, using the appropriate form, by June 15, 2012.
Petitioner is directed to fill the form out completely, and she must set forth her claims for relief
on the form itself. She may attach a brief where she argues, with citation to authority, why she
believes that she is entitled to relief, but she must fill out the required form wherein she must
identify her grounds for relief and state the specific facts that support her claim.
DONE AND ORDERED at Tampa, Florida, this 23rd day of May, 2012.

Copies to:
Counsel of Record
Pro se Petitioner