Sifford v. USA

Filing 2

ORDER that within twenty (20) days of service of this Order, Petitioner shall resubmit the petition, filed under penalty of perjury re 1 Petition for Writ of Habeas Corpus. Signed by Chief Judge Frank D. Whitney on 10/8/2013. (Pro se litigant served by US Mail.)(eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:13-cv-541-FDW
(3:07-cr-97-FDW-1)
THOMAS DONNELL SIFFORD,

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Petitioner,
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vs.
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UNITED STATES OF AMERICA,
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Respondent.
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___________________________________ )

ORDER

THIS MATTER is before the Court on Petitioner’s Motion to Vacate under the All
Writs Act of 28 U.S.C. § 1651 or under a Writ of Habeas Corpus under 28 U.S.C. § 2241. (Doc.
No. 1). Petitioner seeks relief under United States v. Simmons, 649 F.3d 237 (4th Cir. 2011),
and Miller v. United States, No. 13-6254, 2013 WL 4441547 (4th Cir. Aug. 21, 2013). Petitioner
seeks to have this Court vacate his 2008 convictions and corresponding 132-month sentence for
possession with intent to distribute at least five grams of cocaine, under 21 U.S.C. § 841, and
possession of ammunition by a convicted felon, under 18 U.S.C. § 922(g). See (Criminal Case
No. 3:07cr97, Doc. No. 30: Judgment).
Petitioner has not signed the § 2241 petition under penalty of perjury. The Court will
give Petitioner twenty (20) days to re-submit the petition signed under penalty of perjury, or the
petition may be dismissed without further notice. Once Petitioner re-submits the petition signed
under penalty of perjury, the Court will then order the Government to respond.
IT IS, THEREFORE, ORDERED that within twenty (20) days of service of this
Order, Petitioner shall resubmit the petition, filed under penalty of perjury, or petitioner may face
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dismissal of this action.
Signed: October 8, 2013

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