U.S. v. JONES, 5:07cr38/MW/GRJ (2017)
Court: District Court, N.D. Florida
Number: infdco20170210d26
Visitors: 16
Filed: Jan. 11, 2017
Latest Update: Jan. 11, 2017
Summary: REPORT AND RECOMMENDATION GARY R. JONES , District Judge . This cause is before the court upon referral from the clerk. Petitioner commenced this action by filing a letter which the court construed as a motion to correct sentence by a person in federal custody under 28 U.S.C. 2255. ( See ECF No. 36). In the Court's July 5, 2016, order Petitioner was given twenty-eight (28) days in which to file an amended 2255 motion on the proper court form or to file an objection and/or motion to wi
Summary: REPORT AND RECOMMENDATION GARY R. JONES , District Judge . This cause is before the court upon referral from the clerk. Petitioner commenced this action by filing a letter which the court construed as a motion to correct sentence by a person in federal custody under 28 U.S.C. 2255. ( See ECF No. 36). In the Court's July 5, 2016, order Petitioner was given twenty-eight (28) days in which to file an amended 2255 motion on the proper court form or to file an objection and/or motion to wit..
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REPORT AND RECOMMENDATION
GARY R. JONES, District Judge.
This cause is before the court upon referral from the clerk. Petitioner commenced this action by filing a letter which the court construed as a motion to correct sentence by a person in federal custody under 28 U.S.C. § 2255. (See ECF No. 36). In the Court's July 5, 2016, order Petitioner was given twenty-eight (28) days in which to file an amended § 2255 motion on the proper court form or to file an objection and/or motion to withdraw his "recharacterized" § 2255 motion. (ECF No. 37). Petitioner failed to file any an amended petition or any response. Consequently, on September 29, 2016, the court issued an order requiring Petitioner to show cause, within twenty-one (21) days, why this action should not be dismissed for failure to comply with an order of the court. (ECF No. 38). The time for compliance with the show cause order has now elapsed, and Petitioner has failed to file an amended § 2255 motion or an objection.
Accordingly, it is respectfully RECOMMENDED:
This case should be DISMISSED without prejudice for Petitioner's failure to comply with an order of the court.
Source: Leagle
