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United States v. Reynolds

United States District Court, E.D. Michigan, Southern Division

August 30, 2019

United States of America, Plaintiff/Respondent,
v.
Donald Steven Reynolds, Defendant/Petitioner.

          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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