Maillet v. USA
Filing
2
ORDER that Clerk of Court shall return Petitioner's 1 Motion to Vacate/Set Aside/Correct Sentence (2255) to him, and Petitioner shall have 15 days from receipt of Motion to sign it under penalty of perjury and return it to Clerk of Court. Signed by District Judge Martin Reidinger on 9/11/2017. (Pro se litigant served by US Mail.) (ejb)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO: 1:17-cv-00244-MR
[Criminal Case No: 1:14-cr-00004-MR-1]
ROBERT MAILLET,
)
)
Petitioner,
)
)
vs.
)
)
UNITED STATES OF AMERICA,
)
)
Respondent.
)
________________________________ )
ORDER
THIS MATTER is before the Court on Petitioner’s pro se Motion under
28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in
Federal Custody. [Doc. 1].
The Court has conducted an initial screening of the Motion under the
Rules Governing Section 2255 Proceedings in the United States District
Courts, Rule 4(b), 28 U.S.C.A. foll. § 2255, and finds that neither Petitioner,
nor a person authorized by Petitioner, has signed the Motion under penalty
of perjury, as required by Rule 2(b)(5) of the Rules Governing Section 2255
Proceedings. The Court shall direct the Clerk of Court to return the Motion
to Petitioner so that he may sign it under penalty of perjury. Failure of
Petitioner to comply with this Order shall result in the dismissal of the Motion
to Vacate.
IT IS, THEREFORE, ORDERED that the Clerk of Court shall return
Petitioner’s Motion to Vacate, Set Aside or Correct Sentence [Doc. 1] to him.
Petitioner shall have fifteen (15) days from receipt of the Motion to sign it
under penalty of perjury and return it to the Clerk of Court.
Failure of
Petitioner to comply with this Order shall result in the dismissal of the Motion
to Vacate.
IT IS SO ORDERED.
Signed: September 11, 2017
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?