United States of America v. Erickson
ORDER: Boris R. Erickson's "Notice of Constitutional Challenge to Statu[t]e and Motion to Intervene" 43 is DENIED. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 9/25/2014. (KAK)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
UNITED STATES OF AMERICA,
BORIS R. ERICKSON,
This cause is before the Court pursuant to Boris R.
Erickson’s “Notice of Constitutional Challenge to Statu[t]e
and Motion to Intervene” (Doc. # 43), which was filed on
September 17, 2014.
For the reasons that follow, Erickson's
Motion is denied.
Erickson's Motion is denied because it fails to comply
with the Court's Local Rules.
Local Rule 3.0(1)(a) states:
“In a motion or other application for an order, the movant
shall include a concise statement of the precise relief
requested, a statement of the basis for the request, and a
memorandum of legal authority in support of the request.”
Here, the title of the Motion suggests that Erickson
challenges a statute and seeks to intervene in a case or
cause. However, the substance of the Motion sheds no light on
these subjects. Rather, the Motion contains a list of federal
The Motion is devoid of analysis and contains no
discussion of the relief requested. Erickson’s compilation of
explanation of how these authorities impact this case or any
relief he may be seeking from the Court.
In addition, it should be noted that Erickson's Motion
lacks a good faith certificate, which is required by Local
Rule 3.01(g), M.D. Fla. The Court recognizes the special duty
it owes to individuals appearing pro se, and notes that it has
carefully and liberally construed Erickson’s filing. See
Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir.
appropriate to deny the Motion.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Boris R. Erickson’s “Notice of Constitutional Challenge
to Statu[t]e and Motion to Intervene” (Doc. # 43) is DENIED.
DONE and ORDERED in Chambers, in Tampa, Florida, this
25th day of September, 2014.
Copies: All Counsel and Parties of Record
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