Opinion
1:24CV265 1:19 CR318-1
03-28-2024
STEVEN ADRIAN KIVETT, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
L. Patrick Auld, United States Magistrate Judge
Petitioner, a federal prisoner, submitted a Motion to Vacate, Set Aside, or Correct Sentence (Docket Entry 32) pursuant to 28 U.S.C. § 2255. This Motion cannot be further processed for the following reason:
1. The Motion was not signed by Petitioner. Rule 2(b), Rules Governing § 2255 Proceedings. At least one copy of submitted motions must bear Petitioner's original signature, not a copy of a signature.
Because of this pleading failure, this particular Motion will be dismissed, but without prejudice to Petitioner promptly filing a new motion properly following the 28 U.S.C. § 2255 forms and correcting the defect of the present Motion. To further aid Petitioner, the Clerk is instructed to send Petitioner new § 2255 forms and instructions for filing a § 2255 motion, which Petitioner should follow and sign. Petitioner also filed a Motion (Docket Entry 33) seeking an appointment of counsel in this matter. That Motion will be denied without prejudice to Petitioner raising it again if he file a proper Motion under § 2255.
To the extent there are any issues regarding the running of the statute of limitations in this case, the parties can litigate those issues following any refiling by Petitioner.
IT IS THEREFORE ORDERED that Petitioner's Motion (Docket Entry 33) seeking an appointment of counsel is denied without prejudice and that the Clerk is instructed to send Petitioner § 2255 forms and instructions.
IT IS THEREFORE RECOMMENDED that this action be dismissed sua sponte without prejudice to Petitioner promptly filing a corrected motion which is signed and on the proper § 2255 forms.