Alexander v. USA

Filing 2

ORDER re 1 Motion to Vacate/Set Aside/Correct Sentence (2255). The Clerk is directed to send Petitioner the correct 28 USC 2255 form approved for use in this Court. Petitioner shall have 21 days from entry of this Order t o complete the 2255 form, sign it under penalty of perjury, and mail it back to the Clerk of Court for the Western District of North Carolina. Signed by District Judge Max O. Cogburn, Jr on 6/27/2018. (Pro se litigant served by US Mail.)(chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cv-00114-MOC
(3:95-cr-00178-MOC-1)
TONY BERNARD ALEXANDER,
Petitioner,
vs.
UNITED STATES OF AMERICA,

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ORDER

Respondent.
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THIS MATTER is before the Court upon Petitioner Tony Bernard Alexander’s pro se
Motion to Vacate, Set Aside or Correct Sentence, pursuant to 28 U.S.C. § 2255. (Doc. No. 1.)
Rule 2(c) of the Rules Governing Section 2255 Proceedings in the United States District
Courts requires that motions to vacate follow a specific format. Petitioner’s filing does not
comply with that requirement.
The Clerk of Court shall be directed to send Petitioner the correct 28 U.S.C. § 2255 form
approved for use in this Court. Petitioner shall be given a set amount of time to complete, sign,
and return the form. Failure to comply with the Court’s Order shall result in dismissal of the §
2255 Motion without further notice.
IT IS, THEREFORE, ORDERED that:
1.

The Clerk of Court shall mail Petitioner a copy of this Order and a blank 28
U.S.C. § 2255 form; and

2.

Petitioner shall have twenty-one (21) days from entry of this Order to complete
the § 2255 form, sign it under penalty of perjury, and mail it back to the Clerk of
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Court for the Western District of North Carolina.
SO ORDERED.

Signed: June 27, 2018

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