Long v. USA

Filing 2

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that the Clerk is directed to mail to Movant a copy of the Court's form "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 file an amended motion on the Court- provided form within 30 days of the date of this Order. IT IS FINALLY ORDERED that if Movant fails to comply with this Order, the Court will dismiss this action without prejudice. Signed by District Judge Sarah E. Pitlyk on 3/7/2025. (Attachments: # 1 Form)(NEP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MARIO B. LONG, SR.,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:25-cv-281-SEP

MEMORANDUM AND ORDER
This matter is before the Court on review of pro se Movant Mario B. Long, Sr’s, “Motion
to Reinstate 18 U.S.C. § 2255.” Doc. [1]. Long is currently incarcerated in federal custody
after being sentenced by this Court on January 30, 2024, to 120 months for one charge of being a
felon in possession of a firearm. U.S.C. §§ 922(g)(1) and 924(a)(2); see United States v. Long,
No. 4:20-CR-486 RLW (E.D. Mo.). Movant’s conviction was upheld on appeal by the Eighth
Circuit Court of Appeals on February 11, 2025. United States v. Long, No. 24-1267 (8th Cir.).
Movant initiated this action by filing a pro se “Motion to Reinstate 18 U.S.C. § 2255.”
As such, Movant’s filing is construed as seeking relief under 28 U.S.C. § 2255. However, the
motion is defective as a motion to vacate, set aside or correct sentence under § 2255 because it
has not been drafted on a Court-provided form. See E.D. Mo. Local Rule 2.06(A). The Clerk
of Court is directed to send Movant the Court form for § 2255 motions, and Movant will have 30
days to file an amended motion on the form.
Accordingly,
IT IS HEREBY ORDERED that the Clerk is directed to mail to Movant a copy of the
Court’s form “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 file an amended motion on the Courtprovided form within 30 days of the date of this Order.

IT IS FINALLY ORDERED that if Movant fails to comply with this Order, the Court
will dismiss this action without prejudice.
Dated this 7th day of March, 2025.

SARAH E. PITLYK
UNITED STATES DISTRICT JUDGE

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