Opinion
07-C-0497-C, 06-CR-0089-C.
September 13, 2007
ORDER
Defendant Connes B. Campbell has filed a motion pursuant to 28 U.S.C. § 2255, in which he seeks to set aside his conviction and the sentence imposed upon him in this court in 2006. In support of his motion, defendant asserts that he lacked the competency to enter a valid plea of guilty.
Defendant has not signed his motion. Until he does sign it, verifying under the penalty of perjury that the statements made in the motion are true and correct, this court cannot consider it. 28 U.S.C. § 2242 requires that any application "for a writ of habeas corpus shall be in writing, signed and verified by the person for whose relief it is intended or by someone acting in his behalf."
If defendant is unable to write his name, he may sign with an "X" and ask someone else to sign verifying that the entire motion has been read to defendant and that defendant agrees that everything in the motion is true and correct. Defendant has ample time in which to submit a signed motion because his appeal was not dismissed until April 3, 2007. He has one year plus 90 days from that date in which to file and serve a signed motion. 28 U.S.C. § 2255.
ORDER
IT IS ORDERED that the motion pursuant to 28 U.S.C. § 2255 filed by defendant Connes B. Campbell will be filed but not considered until defendant submits a signed, verified copy of the motion.