Free Order on Motion to Vacate (2255) - District Court of Arizona - Arizona

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JDN

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs. Jose Parra-Mariscal,

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Defendant/Movant.
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No. CR 04-0860-PHX-ROS No. CV 05-3460-PHX-ROS (ECV) ORDER

Movant Jose Parra-Mariscal, presently confined in the Eden Correctional Institution in Eden, Texas, has filed an amended pro se Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 (Doc. # 226). The Court will deny the Amended Motion and dismiss the action for failure to comply with the previous Court Order. A. Procedural Background Movant pled guilty to possession (brandishing) of a firearm in a crime of violence, a violation of 18 U.S.C. § 924(c)(1)(A)(ii). He was sentenced to a term of ninety months imprisonment. Movant filed his first § 2255 Motion on October 31, 2005 (Doc. # 221). By Order dated November 18, 2005, the Court directed Movant to file an Amended § 2255 Motion using the court-approved form as required under Rule 3.5(a) of the Local Rules of Civil Procedure (Doc. # 225).

Case 2:04-cr-00860-ROS

Document 230

Filed 01/30/2006

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B.

Amended Motion Movant filed his amended pro se Motion to Vacate, Set Aside, or Correct Sentence

Pursuant to 28 U.S.C. § 2255 well within the 30 days provided by the Court's Order. Movant failed to comply, however, with any of the other requirements set forth in the Order. The Amended Motion is not designated as an Amended Motion. Further, Movant has failed to list any grounds for relief or any supporting facts. Movant was notified that if he failed to comply with every provision of the Court's Order, the action would be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (district court may dismiss action for failure to comply with any order of the Court). Movant has failed to comply with the most crucial provisions of the Court's Order. Accordingly, the Amended Motion will be denied and the action will be dismissed.

IT IS THEREFORE ORDERED that the amended Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 (Doc. # 226) is DENIED and that the civil action opened in connection with this Motion (No. CV 05-3460-PHX-ROS (ECV)) is DISMISSED without prejudice pursuant to Rule 41(b), Fed. R. Civ. P. DATED this 29th day of January, 2006.

Case 2:04-cr-00860-ROS

Document 230

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