Opinion
Case No. 3:11-cr-104 Also case No 3:12-cv-411
02-01-2013
District Judge Timothy S. Black
Magistrate Judge Michael R. Merz
NOTICE OF STATUS
This case is before the Court's on Defendant's Motion (Doc. No. 48) for a report on the status of this matter.
Defendant filed his Motion to vacate under 28 U.S.C. § 2255 on December 11, 2012 (Doc. No. 44). Chief Magistrate Judge Sharon L. Ovington, to whom the matter was initially assigned, entered an Order on December 12, 2013, for the United States to file an answer not later than January 28, 2013 (Doc. 45). The United States did so on that date, serving a copy on Defendant by ordinary mail (Doc. No. 46).
Because this case was assigned to Chief Magistrate Judge Ovington as a result of a computer error, it was transferred to Magistrate Judge Merz on January 29, 2013 (Transfer Order, Doc. No. 47).
Under Chief Magistrate Judge Ovington's original Order for answer, Defendant has until February 21, 2013, to file a reply to the Government's response. Defendant's Motion to Vacate will then be ripe for the undersigned Magistrate Judge to file a report and recommendations for Judge Black's consideration in deciding the Motion to Vacate.
Michael R. Merz
United States Magistrate Judge