Jimmerson v. United States of America

Filing 2

ORDER signed by Judge Pamela Pepper on 10/30/2017. Petitioner to file §2255 motion on EDWI forms by 11/30/2017. (cc: all counsel, via mail to Steven Jimmerson at USP Beaumont-with copy of EDWI §2255 form and instructions)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

STEVEN JIMMERSON,
Petitioner,
v.

Case No. 17-cv-1456-pp

UNITED STATES OF AMERICA,
Respondent.

ORDER REQUIRING PETITIONER TO FILE A MOTION TO VACATE, SET
ASIDE OR CORRECT SENTENCE ON OR BEFORE NOVEMBER 30, 2017

On October 19, 2017, the petitioner filed a letter in his criminal case,
United States v. Steven Jimmerson, Case No. 15-cr-158, dkt. no. 61. In this
letter, he indicated that he need more time to file an “intended appeal (2255
motion),” and he asked the court to extend the one-year statute of limitations
for doing so. Id. The petitioner explained that, because he is located in a special
housing unit in Beaumont U.S.P., he cannot get staff to bring legal forms to
him and he faces “constant on again, off again lockdown.” Id. The Clerk’s Office
construed the letter as a motion for extension of time to file a §2255 motion.
Because the one-year limitations period under the statute was
approaching, and because (as it explained to the petitioner) the court does not
have the authority to extend that statutory deadline, the court construed the
petitioner’s letter as a §2255 motion, and ordered the clerk’s office to docket it

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as one under a new civil case number. Id. at Dkt. No. 62. The clerk’s office now
has done that, opening this case—Case No. 17-cv-1456.
That means, however, that what is on the docket right now is nothing
more than the petitioner’s statement indicating that he wants to file a §2255
motion. That, alone, isn’t enough to allow the court to determine whether the
petitioner is entitled to the relief he seeks. He needs to file a full §2255 motion,
explaining his grounds for relief. Once he does that, the court can screen his
motion under Rule 4 of the Rules Governing Section 2255 Cases.
The court ORDERS that, in time for the court to receive it by the end of
the day on November 30, 2017, the petitioner shall a §2255 motion. The court
ORDERS that the petitioner shall file the motion using the enclosed forms. The
court further ORDERS that if the petitioner needs more time to prepare the
motion, he must file a motion for an extension of time, and he must file that
motion in time for the court to receive it before the November 30, 2017 deadline
expires.
Dated in Milwaukee, Wisconsin this 30th day of October, 2017.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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