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Mingo v. United States

United States District Court, S.D. Georgia, Statesboro Division

October 1, 2014

MARTELL ANTWON MINGO, Movant,
v.
UNITED STATES OF AMERICA, Respondent. No. CR612-018.

ORDER

G.R. SMITH, Magistrate Judge.

In its last Order the Court preliminarily reviewed Martell Antwon Mingo's 28 U.S.C. § 2255 motion. Doc. 1049, reported at 2014 WL 4702577. In it he claimed that he told his appointed lawyer, Thomas Charles Rawlings, to file a direct appeal yet was ignored. Doc. 1049 at 3. The Court thus directed Rawlings to respond via affidavit and he has complied. Doc. 1050. Rawlings says he duly consulted with Mingo about his direct appeal rights just after the Court sentenced him. Id. at 2.[1] Mingo signed the Court's Notice form - electing not to appeal. Id. at 2-3. Rawlings then handed the Notice to the courtroom deputy to file, but it is not in the record. Id. at 23.[2]

Within 21 days of the date this Order is served, Mingo must - on the attached form to be returned - affirm or rebut Rawlings' sworn assertions, then sign it under 28 U.S.C. § 1746 (permitting written, unsworn declaration subscribed in proper form as true under penalty of perjury to substitute for an affidavit. 3 If he fails to comply, the Court will advise that his § 2255 motion be denied.

SO ORDERED.


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