Gillis v. United States of America

Filing 4

ORDER -...IT IS HEREBY ORDERED that, in addition to a copy of this Order, the Clerk shall forward to movant the court-provided form (AO form 243) for filing a motion under 28 USC § 2255 to vacate, set aside, or correct sentence by a perso n in federal custody. IT IS FURTHER ORDERED that movant shall complete and return his amended § 2255 motion within thirty (30) days from the date of this Order. Movant shall include in said amended motion any and all grounds for relief t hat he wishes to pursue under 28 USC § 2255. In addition, movant must sign and date the amended motion. IT IS FURTHER ORDERED that if movant fails to sign, complete, and return his amended § 2255 motion within thirty days, the Court will dismiss the instant action, without prejudice. IT IS FURTHER ORDERED that upon movant's filing of the form motion, the Clerk shall resubmit this matter to the Court for review under Rule 4 of the Rules Governing Section 2255 Proceedings for the United States District Courts. Response to Court due by 1/13/2012.. Signed by Honorable Charles A. Shaw on 12/14/2011. (MRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MICHAEL ANGELO GILLIS,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:11-CV-1814-CAS

ORDER
This matter is before the Court upon the filing of movant’s motion to vacate, set aside, or
correct his sentence pursuant to 28 U.S.C. § 2255, as well as movant’s addendum thereto. Movant
states that he is a federal prisoner presently confined at the Jennings Correctional Facility in Jennings,
Missouri.
Upon review of the instant motion and addendum, the Court notes that neither has been filed
on a Court-provided form. The Court will order movant to file an amended § 2255 motion on a
court-provided form.1 Movant is advised that the amended § 2255 motion will supercede his original
motion to vacate [Doc. 1] and addendum [Doc. 2] and will be the only motion to vacate that this
Court reviews.

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Both this Court's Local Rule 2.06(A) and Rule 2 of the Rules Governing Section 2255
Proceedings for the United States District Courts give this Court the authority to order movant to
amend his petition on a court-provided form.

Accordingly,
IT IS HEREBY ORDERED that, in addition to a copy of this Order, the Clerk shall forward
to movant the court-provided form (AO form 243) for filing a motion under 28 U.S.C. § 2255 to
vacate, set aside, or correct sentence by a person in federal custody.
IT IS FURTHER ORDERED that movant shall complete and return his amended § 2255
motion within thirty (30) days from the date of this Order. Movant shall include in said amended
motion any and all grounds for relief that he wishes to pursue under 28 U.S.C. § 2255. In addition,
movant must sign and date the amended motion.
IT IS FURTHER ORDERED that if movant fails to sign, complete, and return his amended
§ 2255 motion within thirty days, the Court will dismiss the instant action, without prejudice.
IT IS FURTHER ORDERED that upon movant’s filing of the form motion, the Clerk shall
resubmit this matter to the Court for review under Rule 4 of the Rules Governing Section 2255
Proceedings for the United States District Courts.

__________________________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 14th

day of December, 2011

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