Quiroz-Galvez v. USA

Filing 2

ORDER that within 20 days of service of this Order, Petitioner must sign the petition under penalty of perjury and resubmit it in accordance with Rule 2(b)(5) of the Rules Governing 2255 Proceedings re 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Signed by Chief Judge Frank D. Whitney on 5/11/17. (Pro se litigant served by US Mail.)(clc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-209-FDW
(3:16-cr-161-FDW-DCK-3)
MARIO ALBERTO QUIROZ-GALVEZ,

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Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.
______________________________________

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).
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 that the petition has not been
signed by Petitioner under penalty of perjury, Rule 2(b)(5), 28 U.S.C.A. foll. § 2255 (motion to
vacate must be signed under penalty of perjury “by the movant or by a person authorized to sign
it for the movant”). Within twenty (20) days of service of this Order, Petitioner must sign the
petition under penalty of perjury and resubmit it in accordance with Rule 2(b)(5) of the Rules
Governing § 2255 Proceedings.
Furthermore, Petitioner has not submitted his claims on a form used by this Court for
actions under Section 2255. The Clerk is respectfully directed to mail Petitioner a form used by
this Court for Section 2255 actions so that he may resubmit his claims on the form, signing it under
penalty of perjury.
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Petitioner’s failure to return his Section 2255 form, signed under penalty of perjury, within
twenty days of service of this Order may result in dismissal of this action without prejudice.

Signed: May 11, 2017

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