UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MIRZA HUSSAIN,
Petitioner,
v. Case No: 8:23-cv-1200-JDW-AAS
8:18-cr-152-JDW-AAS
UNITED STATES OF AMERICA,
Respondent.
__________________________________/
ORDER
Before the court is pro se movant Mirza Hussain’s1 Motion to Vacate,
Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. (Doc. 1). The court
concludes Mr. Hussain’s motion warrants a response. In conformity with the
1 Mr. Hussain is cautioned that although he is appearing pro se, he is required to
comply with the Local Rules of the Middle District of Florida, the Federal Rules of
Civil Procedure, and the Rules Governing Section 2255 Cases in the United States
District Courts. Mr. Hussain is further cautioned that a failure to do so could result
in sanctions, including the dismissal of his claims. See Moon v. Newsome, 863 F.2d
835, 837 (11th Cir.), cert. denied, 493 U.S. 863 (1989). Mr. Hussain is also advised
that a copy of the Local Rules may be obtained at no charge by mailing a letter
requesting same to the Clerk’s Office and by providing a self-addressed envelope,
measuring 8 ½” x 11” x ½”, with sufficient postage affixed thereto. A copy of the Local
Rules may additionally be found in the law library at Mr. Hussain’s correctional
facility.
1
Rules Governing Section 2255 Cases in the United States District Courts,2 it
is hereby ORDERED:
1. The government shall show cause within sixty (60) days of the date of
this Order why the relief sought in Mr. Hussain’s motion should not be
granted;
2. As part of its response, the government shall also:
a. state whether Mr. Hussain has filed any prior post-conviction
motions;
b. obtain an affidavit from Mr. Hussain’s counsel in the underlying
criminal matter which addresses any and all allegations of
ineffective assistance of counsel; and
c. summarize the results of any direct appellate relief sought by
Mr. Hussain, with cites to the record and copies of the parties’
briefs from every appellate proceeding;
2 These rules may be found at the following website:
https://www.uscourts.gov/sites/default/files/rules_governing_section_2254_and_2255
_cases_in_the_u.s._district_courts_-_dec_1_2019.pdf
2
3. Mr. Hussain shall have thirty (30) days from the date the government
files its response to file a reply. This reply shall not exceed fifteen (15)
pages.
ENTERED in Tampa, Florida, on June 28, 2023.
Aranda. □□□ Sasone_
AMANDA ARNOLD SANSONE
United States Magistrate Judge
cc:
Mirza Hussain
70313-018
Otisville
Federal Correctional Institution
Inmate Mail/Parcels
P.O. BOX 1000
Otisville, NY 109638
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