Morgan v. United States of America

Filing 2

ORDER: Within 30 days after the Clerk serves movant with a copy of this Order and the form petition, she must re-file both the petition and any supporting memorandum of law explaining her entitlement to relief from her conviction. She is reminded to answer all pertinent questions on that form. If she fails to respond within 30 days of service of this Order, the case will be recommended for dismissal on abandonment grounds. (Compliance due by 2/10/2017.) Signed by Magistrate Judge G. R. Smith on 1/11/17. (jlm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
TOCARRO MORGAN,
Movant,
v.

UNITED STATES OF AMERICA,
Respondent.

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CV617-009
CV616-101
CV615-068
CR613-018

ORDER
Tocarro Morgan has filed a self-styled “Motion under: 28 U.S.C.
3742, 28 U.S.C. 2255, and 28 U.S.C. 3582(c),” apparently seeking
reconsideration of her sentence. Doc. 58.1
The federal courts have long made available to jails and prisons
specific forms for filing habeas and civil rights cases.

In Williams v.

Freesemann, 2015 WL 6798946 (S.D. Ga. Oct. 15, 2015), this Court noted
that some inmate-litigants bypass those forms in favor of “home-brewed”
filings. Adverse factors can motivate that effort. The Court’s forms force
inmates to answer questions aimed at capturing things like 28 U.S.C. §
1915(g) strikes and repeat (e.g., successive writ) habeas filings. See, e.g.,

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The Court is citing to the criminal docket in CR613-018 unless otherwise noted, and
all page numbers are those imprinted by the Court’s docketing software.

Bright v. Corizon Health Corp., 2015 WL 9257155 at * 1 (S.D. Ga. Dec. 18,
2015) (“Bright’s incentive to omit his prior case information is strong
because of the § 1915(g) three-strike bar.”). “Home-brewers” typically omit
those prophylactic questions from their filings.
The Clerk is therefore DIRECTED to send Morgan a § 2255 form
petition. Within 30 days after the Clerk serves movant with a copy of this
Order and the form petition, she must re-file both the petition and any
supporting memorandum of law explaining her entitlement to relief from her
conviction. She is reminded to answer all pertinent questions on that form.
If she fails to respond within 30 days of service of this Order, the case will
be recommended for dismissal on abandonment grounds.
SO ORDERED, this

11th

day of January, 2017.

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