Alan Eugene Reed v. United States

This is the second appeal in this case. See Reed v. United States, 9 Cir., 1966, 364 F.2d 630 . We there affirmed Reed’s conviction of kidnapping in violation of 18 U.S.C. § 1201 . Our mandate was filed in the District Court on September 26, 1966. On the same day there was “lodged” with the District Court a Motion by Reed to Vacate under 28 U.S.C. § 2255 , accompanied by an affidavit and motion for leave to proceed in forma pauperis, which was also marked “lodged.” There was also an affidavit showing service by mail on the United States Attorney on August 18, 1966. Nothing more appears to have happened until October 20, 1966, when another such motion, this time on a mimeographed form, was apparently received by the Clerk. This document is verified, and is also accompanied by a “forma pauperis affidavit.” On December 6, 1966, the court made an order reading:

The docket shows the filing, on that date, of a petition to vacate sentence, “with copy of Govt’s Memorandum and Motion in Opposition attached,” and of the Court’s order. The mimeographed form is stamped as filed December 6, 1966. No such stamp appears on the papers that were marked “lodged” on September 26, 1966. For some…