Whitener v. USA

Filing 42

ORDER allowing Petitioner 30 days within which to file any affidavits, declarations, or other evidentiary material in support of his Petition or his Reply. Signed by District Judge Max O. Cogburn, Jr on 10/22/2015. Order mailed to Petitioner at FCI Butner Medium II. (chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14-cv-00600-MOC
ERIC WHITENER,

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Petitioner,
Vs.
UNITED STATES OF AMERICA,
Respondent.

ROSEBORO
ORDER

THIS MATTER is before the court on review of petitioner’s Reply to the
government’s Response. While such reply has several attachments, it does not appear that
petitioner has attached any supporting evidentiary materials or an affidavit. Inasmuch as
respondent has moved to dismiss and supported that motion with evidentiary materials, the
court advises petitioner that he too has the right to submit any evidentiary materials he may
have that would support his petition.
In accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), petitioner,
who is proceeding pro se, is advised that he may file any evidentiary material he may have
in a form which would otherwise be admissible at trial, i.e., in the form of affidavits or
unsworn declarations. An affidavit is a written statement under oath; that is, a statement
prepared in writing and sworn before a notary public. An unsworn statement, made and
signed under the penalty of perjury, may also be submitted.

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ORDER
IT IS, THEREFORE, ORDERED that petitioner is allowed 30 days within which
to file any affidavits, declarations, or other evidentiary material in support of his Petition
or his Reply.

Signed: October 22, 2015

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