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)

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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

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