Smith v. USA

Filing 2

ORDER that Petitioner shall return his Section 2255 form, signed under penalty of perjury, within twenty (20) days of service of this Order and that failure to do so may result in dismissal of this action without prejudice. Signed by Chief Judge Frank D. Whitney on 5/23/19. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:19-cv-00199-FDW
3:13-cr-00011-FDW-DCK-1
ANTONIO DONTE SMITH,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.
______________________________________

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ORDER

THIS MATTER is before the Court on Petitioner’s Motion to Vacate, Set Aside or Correct
Sentence under 28 U.S.C. § 2255. [Doc. 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.
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.
IT IS THEREFORE ORDERED that Petitioner shall return his Section 2255 form,
signed under penalty of perjury, within twenty (20) days of service of this Order and that failure
to do so may result in dismissal of this action without prejudice.

IT IS SO ORDERED.
Signed: May 23, 2019