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14-488 - USA v. BROWN

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14-488 - USA v. BROWN
December 1, 2015
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ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 12/01/2015; that the Clerk is instructed to send Petitioner § 2255 forms and instructions. IT IS RECOMMENDED that this action be filed and dismissed sua sponte without prejudice to Petitioner promptly filing a corrected motion on the proper§ 2255 forms. (Civil Case number: 15CV1012) (Garland, Leah)
February 10, 2016
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ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 02/10/2016, that Petitioner's letter-writing (Doc. 31) is construed as a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, and that this action be, and is hereby, dismissed without prejudice to Petitioner promptly filing a corrected motion on the proper § 2255 forms, correcting the defects set out in the Order and Recommendation. FURTHER that Petitioner's request for appointment of counsel and for an extension of time (Doc. 34) is DENIED. After careful review, this court finds that Petitioner has not shown good cause for the appointment of counsel. Furthermore, Petitioner's request for extension of time is premised upon the request for counsel and the fact Petitioner does not understand the format or the process. The Magistrate Judge has recommended dismissal without prejudice and the provision of forms and instructions to Petitioner. This court finds Petitioner's motion to extend time should be denied. Petitioner may review the forms and instructions provided as part of the Order. Civil Case 1:15CV1012. (Taylor, Abby)