Hunter v. USA

Filing 2

ORDER that: 1. The Clerk of Court shall send Petitioner the § 2255 motion tovacate form which has been approved for use in this judicial District;2. Petitioner shall have thirty (30) days in which to submit his claimson t he proper § 2255 motion to vacate form; and3. Petitioner is advised that if he fails to submit his claims onthe proper form, his Memorandum of Law may be dismissed withoutfurther notice to him.. Signed by District Judge Martin Reidinger on April 13, 2010. (pdf)

IN THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF NORTH CAROLINA AS H E V IL L E DIVISION C IV IL NO. 1:09CV436-R-02 ( 1 :0 6 C R 2 5 1 - T)

C H R IS TO P H E R ALLEN HUNTER,

) ) P e t it io n e r , ) ) vs . ) ) U N IT E D STATES OF AMERICA, ) ) R e s p o n d e n t. ) _______________________________ )

ORDER

TH IS MATTER is before the Court on a document which Petitioner h a s captioned as a "Memorandum Of Law To Support 28 U.S.C. § 2255 P u rs u a n t To Ineffective Counsel," filed December 7, 2009. [Doc. 1]. A review of the record of this case reflects that although Petitioner h a s filed the subject Memorandum in purported support of his claims under § 2255, he actually has not filed a § 2255 motion precisely identifying those c la im s . Furthermore, Petitioner's Memorandum does not clearly delineate th e claims which he apparently is attempting to raise. Therefore, in order to facilitate the Court's review of the claims which Petitioner desires to

ra is e , the Court will direct him to complete and submit the form § 2255 m o tio n which has been approved for use in this District. IT IS, THEREFORE, ORDERED that: 1 . The Clerk of Court shall send Petitioner the § 2255 motion to va c a te form which has been approved for use in this judicial District; 2 . Petitioner shall have thirty (30) days in which to submit his claims o n the proper § 2255 motion to vacate form; and 3 . Petitioner is advised that if he fails to submit his claims on th e proper form, his Memorandum of Law may be dismissed without fu rth e r notice to him. IT IS SO ORDERED.
Signed: April 13, 2010

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