United States District Court, E.D. Michigan, Southern Division
ORDER REGARDING BRIEFING ON PETITIONER'S FORM
§ 2255 MOTION
SEAN
F. COX, UNITED STATES DISTRICT COURT JUDGE
Defendant/Petitioner
Donald Steven Reynolds was convicted of child pornography
offenses following a jury trial and his conviction and
sentence were affirmed on direct appeal. On September 28,
2018, Reynolds filed a form Motion Under 28 U.S.C. § 2255 To
Vacate, Set Aside, Or Correct Sentence By A Person In Federal
Custody (ECF No. 199 at Page ID 3890-3901). Along with that
form § 2255 Motion, Reynolds filed a supporting brief that
consists of seventy-six pages, doubled-spaced, with 12-point
font.
The
Government filed a motion asking the Court to strike
Reynolds's over-sized brief and order him to file a brief
of no more than twenty-five pages in length, in compliance
with the applicable local rules.
This
Court granted that motion in an Order issued on January 15,
2019, wherein the Court ruled as follows:
Having considered the Government's motion, Reynolds's
brief opposing it, and Reynolds's over-sized brief, the
Court hereby GRANTS the Government's
Motion to Strike. Pursuant to Martinez v. United
States, 865 F.3d 842 (6th Cir. 2017) and Local Rule 7.1
of the Local Rules of the Eastern District of Michigan this
Court ORDERS as follows:
1) The Court shall not consider the 76-page
brief that Reynolds filed in support of the four grounds for
relief set forth in his form § 2255 Motion;
2) No later than March 15, 2019, in support
of the four grounds for relief set forth in his pending form
§ 2255 motion, Reynolds may file either:
A) A brief of no more than twenty-five (25) pages,
doubled-spaced, with 14-point font; or
B) A brief of no more than twenty (20) pages, doubled-spaced,
with 12-point font.[1]
3) No later than May 15, 2019, the
Government shall file a response brief of no more than 25
pages, doubled-spaced, with 14-point font; and
4) No later than June 15, 2019, Reynolds may
file either:
A) A brief of no more than seven (7) pages, doubled-spaced,
with 14-point font; or
B) A brief of no more than five (5) pages, doubled-spaced,
with 12-point font.
IT
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