Berke v. United States, 17-cr-1361 JB-KBM. (2020)
Court: District Court, D. New Mexico
Number: infdco20200226b71
Visitors: 12
Filed: Feb. 25, 2020
Latest Update: Feb. 25, 2020
Summary: ORDER GRANTING LEAVE TO FILE AMENDED HABEAS PETITION KAREN B. MOLZEN , Magistrate Judge . This matter is before the Court on Nathan Berke's pro se motion inquiring about a 28 U.S.C. 2255 habeas petition (CV Doc. 1). Berke asks the Court to send him a form 2255 petition. He also requests an extension of the one-year period to file the 2255 proceeding. The Court entered the criminal Judgment on November 5, 2018, and Berke filed the instant Motion on September 27, 2019, within the one
Summary: ORDER GRANTING LEAVE TO FILE AMENDED HABEAS PETITION KAREN B. MOLZEN , Magistrate Judge . This matter is before the Court on Nathan Berke's pro se motion inquiring about a 28 U.S.C. 2255 habeas petition (CV Doc. 1). Berke asks the Court to send him a form 2255 petition. He also requests an extension of the one-year period to file the 2255 proceeding. The Court entered the criminal Judgment on November 5, 2018, and Berke filed the instant Motion on September 27, 2019, within the one-..
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ORDER GRANTING LEAVE TO FILE AMENDED HABEAS PETITION
KAREN B. MOLZEN, Magistrate Judge.
This matter is before the Court on Nathan Berke's pro se motion inquiring about a 28 U.S.C. § 2255 habeas petition (CV Doc. 1). Berke asks the Court to send him a form § 2255 petition. He also requests an extension of the one-year period to file the § 2255 proceeding. The Court entered the criminal Judgment on November 5, 2018, and Berke filed the instant Motion on September 27, 2019, within the one-year period. (CR Docs. 99, 104). The Court will grant the requested relief and send Berke a blank § 2255 petition. If Berke files that completed petition within thirty-five (35) days of entry of this Order, the Court will also construe the filing as an amended § 2255 petition that relates back to the original filing date (September 27, 2019). If Berke fails to timely file a completed form § 2255 petition, the Court will dismiss the civil case without prejudice, and any subsequent filings may be untimely.
IT IS ORDERED that the Clerk's Office shall MAIL Berke a blank § 2255 habeas petition; and Berke shall FILE the § 2255 petition within 35 days of entry of this Order.
Source: Leagle
