Card v. USA

Filing 3

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the Clerk shall return to movant the § 2255 motion to vacate [Doc. # 1 ], with a copy of this Order, for the purpose of obtaining an original signature. IT IS FURTHER ORDERED that the Clerk shal l retain a copy of said motion in the Court's file until movant submits a motion with the original signature. IT IS FURTHER ORDERED that upon submission of a motion bearing movant's original signature, this action shall be submitted to t he undersigned for a determination as to whether a show cause order to respondent should be issued. See 28 U.S.C. § 2255;Rule 4 (b) of the Rules Governing Section 2255 Cases in the United States District Courts. IT IS FURTHER ORDERED that if m ovant fails to submit an originally signed motion within thirty (30) days from the date of this Order, this action will be dismissed without prejudice. Signed by District Judge Catherine D. Perry on 6/30/2016. (Order and original petition sent to Petitioner at FCI Pekin this date.)(CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PIERRE LAMONT CARD,
Movant(s),
v.
UNITED STATES OF AMERICA,
Respondent(s).

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No. 4:16-CV-01051-CDP

MEMORANDUM AND ORDER
This matter is before the Court on movant's motion to vacate, set aside, or correct sentence
pursuant to 28 U.S.C. § 2255. Upon review, the Court notes that movant has not signed the motion.
Both this Court's Local Rule 2.01(A) and Rule 2(d) of the Rules Governing Section 2255
Proceedings for the United States District Courts give this Court the authority to order movant to
sign his motion.
Therefore,
IT IS HEREBY ORDERED that the Clerk shall return to movant the § 2255 motion to
vacate [Doc. #1], with a copy of this Order, for the purpose of obtaining an original signature.
IT IS FURTHER ORDERED that the Clerk shall retain a copy of said motion in the
Court's file until movant submits a motion with the original signature.
IT IS FURTHER ORDERED that upon submission of a motion bearing movant's original
signature, this action shall be submitted to the undersigned for a determination as to whether a show
cause order to respondent should be issued. See 28 U.S.C. § 2255;Rule 4(b) of the Rules
Governing Section 2255 Cases in the United States District Courts.

IT IS FURTHER ORDERED that if movant fails to submit an originally signed motion
within thirty (30) days from the date of this Order, this action will be dismissed without prejudice.
Dated this 30th day of June, 2016.

__________________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

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