Free Instructions for Persons in Federal Custody for Filing a Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C Sec. 22 - Florida


File Size: 253.1 kB
Pages: 1
Date: January 26, 2006
File Format: PDF
State: Florida
Category: Court Forms - Federal
Author: Northern District of Florida
Word Count: 607 Words, 3,266 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.flnd.uscourts.gov/forms/Pro%20Se/2255-instruc.pdf

Download Instructions for Persons in Federal Custody for Filing a Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C Sec. 22 ( 253.1 kB)


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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA INSTRUCTIONS FOR PERSONS IN FEDERAL CUSTODY FOR FILING A MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. 2255
Pro se 2255 motions will not be considered by the Court unless this 2255 form has been completed by the movant/defendant as explained below.

Explanation and Instructions Read Carefully
1. This motion must be legibly handwritten, typewritten, or computer generated, and signed by the movant under the penalty of perjury. Any false statement of a material fact may serve as the basis for prosecution and conviction for perjury. All questions mus t be answe red conc isely in the proper space o n the form . 2. You must include all gro unds for relie f and a sum m ary of facts s upporting each ground ra ised, as claim s raised later may be barred. You m ay subm it additional pages to explain the facts which you rely upon to support your groun ds fo r relief. 3. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a s epa rate m em orandum not to exceed 2 5 pages in length abse nt prior leave of cou rt. The form must still be completed. 4. Ge nera lly, motion s filed p ursuan t to 22 55 m ust be filed within one year from the date your conviction becomes final. Refer to the text of title 28 U.S.C. 2255 for specific details on the statute of limitations that app lies to the se m otions . 5. If you have previously filed a 2255 motion regarding the conviction or sentence challenged in the instant motion, authorization for a s eco nd o r suc ces sive m otion to vacate m ust be obtain ed from the Eleventh Circuit Court of App eals. See 28 U.S.C. 2244(b)(3). Forms for requesting such authorization may be obtained from this co urt or th e Eleventh Circuit. 6. W hen the motion is fully completed, the original and two copies must be mailed to the Clerk of the United States District Court in the division in which you were convicted: Cases to be filed in the Tallahassee Division: CLERK, U.S. DISTRICT COURT 111 N. ADAMS STREET SUITE 322 TALLAHASSEE, FLORIDA 32301-7730 Cases to be filed in the Pensacola Division: CLERK, U.S. DISTRICT COURT 1 NORTH PALAFOX STREET, ROOM 226 PENSACOLA, FLORIDA 32502-5658 Cases to be filed in the Gainesville Division: CLERK, U.S. DISTRICT COURT 401 S.E. FIRST AVENUE ROOM 243 GAINESVILLE, FLORIDA 32601-6895 Cases to be filed in the Panama City Division: CLERK, U.S. DISTRICT COURT 30 GOVERNMENT STREET PANAMA CITY, FLORIDA 32401-2758

7. Upon receipt, the motion will be filed if it is in the proper order. No filing fee is required. 8. W hile this case is pending, you m ust im m ed iate ly file a notice of address change with the Court upon transfer or release . Failure to notify the Court of a new address may result in dismissal of the case for failure to prosecute. 9. Once the Court has ordered a response and counsel for the government has appeared, any documents sent to the Court must also be sent to counsel as reflec ted in a certifica te of s ervice sh owing the date the document or copy was m ailed. Failure to include a certificate of s ervice m ay re sult in a document being returned to you without filing.
Revised 08/05