Opinion
CRIMINAL NUMBER 98-165-B-M2
February 20, 2004
ORDER
In the interest of justice and for reasons set forth below, the Court issues the following order and its reasons in support thereof.
On February 20, 2004, Bobby Johnson filed a motion pursuant to 28 U.S.C. § 2255 which he personally signed. This motion did not have a memorandum or exhibits.
On February 20, 2004, Bobby Johnson also attempted to file a second motion pursuant to 28 U.S.C. § 2255 which was signed by his wife on his behalf but was not personally signed by him. This second motion did not have a memorandum or exhibits.
Therefore, IT IS ORDERED that the Clerk of Court is authorized to receive both the motions Bobby Johnson seeks to file pursuant to 28 U.S.C. § 2255 even though one was not properly signed and neither was supported by a memorandum or exhibits.
IT IS FURTHER ORDERED that in connection with the second Section 2255 motion Bobby Johnson wishes to file, he shall have twenty (20) days to submit to the Court the motion which is personally signed by him.
IT IS FURTHER ORDERED that Bobby Johnson be given twenty (20) days to file a motion adopting the memoranda and exhibits filed by the other defendants in this case in connection with their motions filed pursuant to 28 U.S.C. § 2255.
IT IS FURTHER ORDERED that if Bobby Johnson fails to timely comply with this order, his Section 2255 motions which do not comply with the Federal Rules of Civil Procedure, the Local Rules of Court and this order shall be stricken from the record.