United States Eleventh Circuit

District court's dismissal of defendant's 28 USC section 2255 motion to vacate his sentence as time-barred is reversed and remanded where an unsigned original motion was timely filed but a signed copy was not received by the court until the statutory deadline had passed, as Amended section 2255 Rule 3(b) requires the court clerk to file and docket a motion upon receipt. Amended section 2255 Rules govern when there is a conflict with Federal Rules of Civil Procedures.

Appellate Information

• Decided 03/11/2008
• Published 03/11/2008

Judges

• COX, Circuit Judge:, Before BIRCH, CARNES and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• P. Stephen Gidiere, III (Court-Appointed), Thomas Lee Casey, III, Balch & Bingham, LLP, Birmingham, AL, for Michel., Leigh Lichty Pipkin, Mobile, AL, for U.S.