Olivares v. United States of America

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
LUIS OLIVARES,
Movant,
vs.
UNITED STATES OF AMERICA,
Respondent.
5:18-CV-05012-JLV
ORDER
Movant Luis Olivares has filed various submissions with the court from
which the court infers he desires to vacate, set aside or correct his sentence
pursuant to 28 U.S.C. § 2255. Based upon this inference, on February 1,
2018, the clerk of court sent Mr. Olivares the standard § 2255 form for him to
complete and return. Mr. Olivares has not done so. Instead, Mr. Olivares has
filed a flurry of motions asking for discovery, recusals, and other relief, but not
otherwise shedding light on what, if any, his claims are in support of a
modification, correction, or vacating of his underlying criminal conviction.
Mr. Olivares’ filings thus far do not clearly delineate his claims nor do
they set forth the legal and factual reasons as to why his sentence should be
vacated, set aside or corrected. The court cannot proceed with Mr. Olivares’
case in the absence of a clear statement of his claims. Therefore, Mr. Olivares
must fully complete and return the standard § 2255 form taking care to
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completely state his claims. Another standard § 2255 form is being sent to
Mr. Olivares along with this order.
Accordingly, it is hereby
ORDERED that:
1. the clerk of court shall send Mr. Olivares the § 2255 form;
2. Mr. Olivares shall fully complete the § 2255 form and file it with
the clerk no later than June 19, 2018.
* * * * * *
MR. OLIVARES IS HEREBY NOTIFIED THAT FAILURE TO COMPLETE
THE STANDARD § 2255 FORM AND RETURN IT TO THIS COURT BY JUNE
19, 2018, MAY RESULT IN DISMISSAL OF HIS CASE.
* * * * * *
DATED this 19th day of April, 2018.
BY THE COURT:
VERONICA L. DUFFY
United States Magistrate Judge
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