United States District Court, D. New Mexico
ORDER STRIKING MOTION UNDER 28 U.S.C. § 2255 TO
VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL
STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE.
MATTER is before the Court sua sponte under Rule 12 of the
Rules Governing Section 2255 Proceedings and Fed.R.Civ.P. 8.
The Court strikes Defendant Brandi Channon's Motion Under
28 U.S.C.§ 2255 to Vacate, Set Aside, or Correct
Sentence by a Person in Federal Custody and the supporting
memoranda and exhibits filed with it [Docs. 1, 2, 3,
as violative of Fed.R.Civ.P. 8 and the Court's March 11,
2019 Order [CR Doc. 525]. The Court will order Defendant
Channon to file an amended § 2255 motion no later than
April 15, 2019.
Brandi Channon submitted motions for leave to file a §
2255 motion that exceeded the page limits of D.N.M.LR-Civ.
7.5. [CR Docs. 505, 516]. The Court granted Defendant
Channon's Motion but limited him to filing a § 2255
motion that did not exceed 40 pages. [CR Doc. 525]. On March
11, 2019, Defendant Channon filed her § 2255 Motion.
[Doc. 1]. The Court's standard form § 2255 Motion
comprises only 11 pages. Where the form directs the defendant
to state the facts supporting each ground, Defendant Channon
states “[s]ee Insert One for all grounds and supporting
facts.” [Doc. 1] at 4, ¶ 12. In support of her
§ 2255 Motion, Defendant Channon filed an additional 1,
314 pages, comprising a separate memorandum of grounds and
supporting facts of 125 pages, a memorandum of law of 157
pages, and a memorandum with supporting exhibits of 1, 032
pages. [Docs. 2, 3, 4].
of the Rules Governing Section 2255 Proceedings states
“[t]he Federal Rules of Civil Procedure[, ] to the
extent that they are not inconsistent with any statutory
provision or these rules, may be applied to a proceeding
under these rules.” Rule 12(e) of the Federal Rules of
Civil Procedure permits the Court to order a more definite
statement where a pleading is so vague, voluminous, or
ambiguous that an opposing party cannot reasonably prepare a
response. Rule 8 requires that a complaint set out a short,
plain statement of the claim showing that the pleader is
entitled to relief. Fed.R.Civ.P. 8(a). Each allegation must
be simple, concise, and direct. Fed.R.Civ.P. 8(d)(1). Rule
12(f) grants the Court the authority to strike any pleading
that does not meet the requirements of the Rules of Civil
Procedure. Fed.R.Civ.P. 12(f).
Channon's filings do not constitute a plain, concise, and
direct statement of Channon's claims as required by Rule
8. The voluminous filings render it unworkable, if not
impossible, for the Court to fulfill its preliminary
screening obligation under Rule 4 of the Rules Governing
Section 2255 Proceedings and for the United States to
formulate a response if ordered by the Court to do so.
Court will strike Plaintiff's § 2255 Motion,
memoranda, and exhibits [Docs. 1, 2, 3, 4] and will order
Plaintiff to file an amended § 2255 motion. The §
2255 motion may not exceed 40 pages inclusive of all
supporting grounds, facts, and exhibits. See [CR
Doc. 525]. The motion must be double-spaced and feature
12-point or larger font. See Id. The left, right,
and bottom margins must be at least 1 inch, the top margin
must be at least 1½ inches. See D.N.M.LR-Civ.
10.1. The § 2255 motion must substantially conform to
the Court's standard § 2255 form. Defendant Channon
may not file separate memoranda or exhibits that would result
in exceeding the 40-page limit the Court has established. The
Court advises Defendant Channon that a § 2255 motion is
generally based on the existing record in the criminal case,
and thus, it is unnecessary for Channon to submit portions of
the existing record as exhibits at this preliminary stage.
Once the Court has completed its preliminary review under
Rule 4, the Court may order additional briefing and expansion
of the record at that time. See Rule 5(c) and Rule 7
of the Rules Governing Section 2255 Proceedings.
IS THEREFORE ORDERED:
(1) Defendant Brandi Channon's Motion Under 28
U.S.C.§ 2255 to Vacate, Set Aside, or Correct Sentence
by a Person in Federal Custody and the supporting memoranda
and exhibits [Docs. 1, 2, 3, 4] are STRUCK;
(2) Defendant Brandi Channon is granted leave to file an
amended Motion Under 28 U.S.C. § 2255 to Vacate, Set
Aside, or Correct Sentence by a Person in Federal Custody
no later than April 15, 2019, provided that
such motion not exceed 40 pages (inclusive of all supporting
grounds, facts, and exhibits); be double-spaced; feature
12-point or larger font; and feature left, right, and bottom
margins of at least 1 inch and top margins of at least
IS SO ORDERED.
 Unless otherwise noted, citations to
document numbers refer to the civil case, no. 19-cv-0201