Opinion
No. 4:06-CV-7-RWS.
January 30, 2006
MEMORANDUM AND ORDER
This matter is before the Court upon Melvin Nolan's "motion for writ of habeas corpus and permission to proceed in forma pauperis" [Doc. #1], which this Court will liberally construe as a 28 U.S.C. § 2255 motion to vacate, set aside, or correct sentence; and movant's "declaration in support of request to proceed in forma pauperis" [Doc. #2], which this Court will liberally construe as a motion to proceed in forma pauperis.
Movant is an inmate at the Federal Correctional Institution in Cumberland, Maryland. In his § 2255 motion, he requests numerous "documents contained in the court's files" and states that "[u]pon receipt . . . [he] will launch an investigation into all matters relating to the judgment and sentencing of this Court." Movant further states that "[u]pon conclusion of said investigation, [he] will submit the actual motion § 2255 and the reasons set forth why it should be granted."
Movant's motion for § 2255 habeas corpus relief has not been filed on a court-provided form and does not comply with Rule 2 of the Rules Governing Section 2255 Proceedings for the United States District Courts. Both this Court's Local Rule 2.06(A) and Rule 2 of the Rules Governing Section 2255 Proceedings for the United States District Courts give this Court the authority to order movant to amend his motion on a court-provided form. Movant is advised that the amended § 2255 motion will supercede his original motion for writ of habeas corpus [Doc. #1]. Moreover, if movant seeks to obtain documents contained in this Court's files, he must file a separate motion, specifically identifying the documents he seeks.
The Court will order the Clerk of Court to forward to movant the court-provided form for filing a 28 U.S.C. § 2255 motion to vacate, set aside, or correct sentence by a person in federal custody.
In accordance with the foregoing,
IT IS HEREBY ORDERED that movant's motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the Clerk shall forward to movant the court-provided form (AO form 243) for filing a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in federal custody.
IT IS FURTHER ORDERED that movant shall complete and return his amended § 2255 motion within thirty (30) days from the date of this order. Movant shall include in said amended motion any and all grounds for relief that he wishes to pursue and that are available to him under 28 U.S.C. § 2255.
IT IS FURTHER ORDERED that if movant fails to complete and return his amended § 2255 motion within thirty days, the Court will dismiss the instant action, without prejudice.