HERNANDEZ v. UNITED STATES
MEMORANDUM AND ORDER. ORDERED that the Motion filed on 8/31/2017 (Dkt. No. 7 ) is STRIKEN for failure to include counsel's signature; ORDERED that counsel shall submit a new, signed motion within 14 days of the date of entry of this Order. Signed by Judge Robert B. Kugler on 9/11/2017. (dmr)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civ. No. 17-4582 (RBK)
MEMORANDUM AND ORDER
Petitioner, Moises Hernandez, is proceeding with a motion to vacate, set aside or correct
his sentence pursuant to 28 U.S.C. § 2255. At the time Mr. Hernandez filed his § 2255 motion,
he was proceeding pro se. On June 30, 2017, this Court administratively terminated this matter
as Mr. Hernandez had not filed his § 2255 motion on the proper Clerk form. Mr. Hernandez was
given thirty days in which to file his § 2255 motion on the Clerk form.
On July 28, 2017, Mario J. Persiano, Esq., filed a notice of appearance to represent Mr.
Hernandez and requested an additional thirty days in which to file the § 2255 motion. The Court
granted the request and ordered counsel to file the motion on or before August 30, 2017. The
Court noted that the new motion need not be on the Clerk’s form as it would be prepared by
counsel, see L.Civ.R. 81.2(a) , but should still contain all of the information that the form
requests from a petitioner.
Counsel filed the new motion on August 31, 2017. (Dkt No. 7). The Court notes that it is
the same motion filed by petitioner on June 21, 2017 bearing Mr. Hernandez’s signature. Rule 11
of the Federal Rules of Civil Procedures requires all pleadings to be signed by counsel if the
party is represented. Fed. R. Civ. P. 11(a). See also L.Civ.R. 12(a) (“An electronically filed
document . . . and in compliance with Local Civil Rules 10.1 and 11.1, must include a signature
line with ‘s/’ . . . .”). Mr. Persiano did not sign the pleading.
Accordingly, IT IS this 11th day of September, 2017,
ORDERED that the Motion filed on August 31, 2017 (Dkt. No. 7) is STRIKEN for
failure to include counsel’s signature; and it is further
ORDERED that counsel shall submit a new, signed motion within 14 days of the date of
entry of this Order.
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge
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