United States of America v. Erickson
Filing
46
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
TAMPA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
Case No.
8:12-mc-121-T-33EAJ
BORIS R. ERICKSON,
Defendant.
______________________________/
ORDER
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.
Discussion
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
statutes
and
memorandum.
rules
that
is
not
accompanied
by
a
legal
The Motion is devoid of analysis and contains no
discussion of the relief requested. Erickson’s compilation of
various
statutes
and
rules
is
not
accompanied
by
any
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.
1998).
Nevertheless,
the
Court
determines
that
it
is
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.
2
Copies: All Counsel and Parties of Record
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?