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McCormick v. United States

October 10, 2006

ANTHONY B. MCCORMICK, PETITIONER,
v.
UNITED STATES OF AMERICA, DEFENDANT.



The opinion of the court was delivered by: Chief Judge Curtis L. Collier

ORDER

Petitioner Anthony B. McCormick ("Petitioner") has filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. The Court has received a letter addressed to the Chief United States District Judge Curtis L. Collier (Court File No. 11). The letter includes Petitioner's request that the Court rule in his favor to have an evidentiary hearing and a request for a certificate of appealability if the Court does not rule in his favor. Petitioner cannot expect the Court to take action based on his writing an ex parte letter to the Court without filing a proper motion and serving the pleading or motion on the opposing party.

If Petitioner intends to ask the Court to take action and grant him some form of relief, it is necessary, at a minimum, that he file a proper motion with the Court clearly stating the relevant facts and law and making a specific demand for the precise relief he seeks. Any and all such motions must also be served by Petitioner upon the opposing party.

That being said, however, the Court will address Petitioner's request for an evidentiary hearing and a certificate of appealability in its opinion analyzing Petitioner's § 2255 motion.*fn1

CURTIS L. COLLIER CHIEF UNITED STATES ...


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