Opinion
Case No. 13-40060-13-DDC
06-18-2020
UNITED STATES OF AMERICA, Plaintiff, v. JASON JERMAINE DIXON (13), Defendant.
MEMORANDUM AND ORDER
This matter comes before the court on Jason Jermaine Dixon's pro se letter (Doc. 1279) filed August 2, 2018, which the clerk docketed as a motion to vacate sentence and appoint counsel. The court previously granted Mr. Dixon's request to appoint counsel. See Order Appointing Counsel (Doc. 1291). Because Mr. Dixon's letter asserts federal grounds for relief from his conviction and sentence, the court ordered him, through counsel, to file a memorandum which states whether he (1) directs the court to construe his letter (Doc. 1279) as a motion to vacate under 28 U.S.C. § 2255 or (2) chooses to withdraw it. See Memorandum and Order (Doc. 1446) filed May 13, 2020 at 4. The court cautioned Mr. Dixon that if he did not file a memorandum by June 15, 2020, the court would consider his letter as having been withdrawn and summarily dismiss it for lack of jurisdiction. See id. To date, Mr. Dixon has not filed a memorandum as directed. Accordingly, the court dismisses Mr. Dixon's pro se letter (Doc. 1279) for lack of jurisdiction.
Because Mr. Dixon filed his letter pro se, the court construes his filings liberally and holds them to a less stringent standard than formal pleadings drafted by lawyers. See Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). But the court does not assume the role of advocate for a pro se litigant. Id. --------
IT IS THEREFORE ORDERED BY THE COURT THAT Jason Jermaine Dixon's pro se letter (Doc. 1279) filed August 2, 2018, which the clerk docketed as a motion to vacate sentence, is dismissed for lack of jurisdiction.
IT IS SO ORDERED.
Dated this 18th day of June, 2020, at Kansas City, Kansas.
s/ Daniel D. Crabtree
Daniel D. Crabtree
United States District Judge