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United States v. Murphy

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 28, 2006

UNITED STATES OF AMERICA PLAINTIFF,
v.
DEVERON MARK MURPHY, DEFENDANT.

The opinion of the court was delivered by: J. Phil Gilbert, District Judge

MEMORANDUM AND ORDER

This matter before the Court on defendant Deveron Mark Murphy's motion for an extension of time to file a motion under 28 U.S.C. § 2255 (Doc. 141). The Court notes that § 2255 itself provides no authority for the Court's granting an extension of the one-year deadline. However, because the one-year deadline is procedural and not jurisdictional, a late filing may be excused at the time of filing by equitable tolling or estoppel. Taliani v. Chrans, 189 F.3d 597, 598 (7th Cir. 1999), United States v. Marcello, 212 F.3d 1005, 1010 (7th Cir. 2000). Nevertheless, the Court cannot grant a pre-filing extension. For this reason, the Court DENIES Murphy's motion (Doc. 141).

The Court notes that Murphy's motion is not accompanied by a certificate of service as required by Federal Rule of Civil Procedure 5(d) and/or Federal Rule of Criminal Procedure 49. The Court WARNS Murphy that future filings that fail to have the appropriate certificate of service may be summarily stricken.

IT IS SO ORDERED.

20061228

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