USA v. REMBERT

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
UNITED STATES OF AMERICA,
V .
WILLIE REMBERT,
DEFENDANT /P ETITIONER
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CRIMINAL NO. 2:12- CR-66-DBH
CIVIL NO. 2:16- CV-258-DBH
ORDER ON DEFENDANT’S FILING
On May 24, 2017, I granted the defendant’s motion to withdraw his then
pending petition under 28 U.S.C. § 2255 without prejudice. 	The motion to
withdraw was filed by a lawyer in the Federal Defender’s office, who then was
representing the defendant. 	That lawyer had filed the original petition on the
defendant’s behalf on May 20, 2016. (ECF No. 76.) 	Thereafter, and before the
motion to withdraw the petition was filed, the Supreme Court decided Beckles v.
United States, 137 S. Ct. 886 (2017).
Now the defendant has filed a copy of the original petition, still reflecting
the signature by the lawyer, but re-dated to a date in the future, namely, 10/12,
2018. (ECF No. 85-1.) 	Obviously, the petition as drafted in 2016 does not deal
with the impact of the 2017 decision in Beckles. 	I also note that the envelope
containing it shows that it came directly from a Federal Correctional Institution.
At my request, the Clerk’s Office contacted the lawyer in the Federal Defender’s
Office, and he said that he had nothing to do with the new filing.
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I conclude, therefore, that the defendant’s photocopying of the 2016 filing,
with merely a re-dating of the document, does not amount to a motion on which
any action needs to be taken.
NO ACTION NECESSARY. S O ORDERED.
DATED THIS 24 TH DAY OF S EPTEMBER, 2018
/ S/D. BROCK HORNBY
D. BROCK H ORNBY
UNITED STATES DISTRICT JUDGE
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