Hemphill v. USA

Filing 3

ORDER that Petitioners resubmitted § 2255 motion in Case No. 3:14-cv-638 should be filed in Case No. 3:14-cv-576; Further Ordered that Case No. 3:14-cv-638 should be closed and all future filings will be made in Case No. 3:14-cv-576. Signed by Chief Judge Frank D. Whitney on 11/26/2014. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-cv-576-FDW
(3:11-cr-398-FDW-1)
JARVIS DEMOND HEMPHILL,

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Petitioner,
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v.
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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 a review of Petitioner’s pro se motion to vacate,
set aside or correct sentence, which he filed pursuant to 28 U.S.C. § 2255. (3:14-cv-638-FDW,
Doc. No. 1).
On October 15, 2014, Petitioner filed a pro se § 2255 motion to vacate but he failed to
sign the petition under penalty of perjury. Accordingly, the Court entered an Order requiring
Petitioner to resubmit his § 2255 motion after signing it under penalty of perjury or risk having it
dismissed. On November 18, 2014, the Clerk docketed Petitioner’s resubmitted petition, which
was signed under penalty of perjury, and opened a new civil action in Case No. 3:14-cv-638FDW.
The Court finds that the two § 2255 motions are virtually identical as they raise the same
claims for relief and that the newly submitted motion in Case No. 3:14-cv-638, Doc. No. 1,
should be filed in Case No. 3:14-cv-576-FDW, with the notation that it has been submitted under
penalty of perjury as required by this Court’s October 31st Order. (3:14-cv-576, Doc. No. 2).
The Court further finds that Case No. 3:14-cv-638 should be closed and all future filings
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will be made in Case No. 3:14-cv-576.
IT IS, THEREFORE, ORDERED that Petitioner’s resubmitted § 2255 motion in Case
No. 3:14-cv-638 should be filed in Case No. 3:14-cv-576.
IT IS FURTHER ORDERED that Case No. 3:14-cv-638 should be closed and all future
filings will be made in Case No. 3:14-cv-576.
IT IS SO ORDERED.
Signed: November 26, 2014

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