Free Order on Motion to Reduce Sentence - District Court of Arizona - Arizona

LMH

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, v. Ramon Gomez-Felix, Movant.

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No. CR 04-1226-PHX-SRB No. CV 05-1507-PHX-SRB (ECV)

ORDER

By Order filed June 2, 2005 (Dkt. #59), the Court required Movant to file his § 2255 Motion using a court-approved form. To assist Movant, the Court directed the Clerk of Court to send him a form. He was allowed thirty days to comply and was warned that his action would be dismissed if he failed to timely comply. More than thirty days elapsed, and on July 21, 2005, a judgment of dismissal was entered against Movant. See Dkt. #60. Not long thereafter, on July 29, 2005, the Court received an amended motion from Movant. See Dkt. #61. The amended motion is untimely. The Court might be willing to overlook the untimeliness of the amendment except that Movant also failed to use the court-approved form. Instead, his amended motion is virtually identical to the original motion. In light of his untimeliness and more important, his failure to use the court-approved form, the Court will deny the motion. IT IS THEREFORE ORDERED that the amended motion (Dkt. #61) is denied without prejudice. DATED this 29th day of August, 2005.

Case 2:04-cr-01226-SRB

Document 62

Filed 08/30/2005

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