Shine v. USA

Filing 2

ORDER re 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Petitioner shall have twenty (20) days from entry of this Order in which to resubmit the petition signed under penalty of perjury. Signed by District Judge Max O. Cogburn, Jr on 1/24/2017. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-8-MOC
(3:14-cr-182-MOC-1)
ANTONIO L. SHINE,

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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 under 28, United States
Code, Section 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody,
(Doc. No. 1).
I.

Initial Screening
The Court has conducted an initial screening of the petition under the Rules Governing §

2255 Proceedings, Rule 4(b) 28 U.S.C.A. foll. § 2255, and finds: (1) the petition has not been
signed under penalty of perjury, Rule 2(b)(5), 28 U.S.C.A. foll. § 2255; (2) Petitioner has provided
indicia that the petition was timely filed, see § 2255(f); and (3) Petitioner has asserted a colorable
claim for relief cognizable under § 2255(a). Petitioner shall have twenty (20) days in which to
resubmit the petition signed under penalty of perjury. If Petitioner fails to do so, the petition will
be subject to dismissal without further notice.

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Upon receipt of the petition with Petitioner’s signature under penalty of perjury, the Court
will direct the United States to respond.
IT IS, THEREFORE, ORDERED that Petitioner shall have twenty (20) days from entry
of this Order in which to resubmit the petition signed under penalty of perjury. If Petitioner fails
to do so, the petition will be subject to dismissal without further notice.

Signed: January 24, 2017

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