Opinion
CV 11-09537-GHK CR 00-00904-GHK
11-23-2011
UNITED STATES OF AMERICA, Plaintiff, v. JOSEPH TURNER, Defendant.
ORDER REQUIRING RESPONSE TO § 2255 MOTION
Based upon Defendant's Motion pursuant to Title 28, United States Code, Section 2255 filed herein, and good cause appearing:
IT IS HEREBY ORDERED that the United States Attorney file a Response to the Motion on/or before December 21, 2011, accompanied by all records, and that a copy of the Response be served upon Defendant prior to the filing thereof.
IT IS FURTHER ORDERED that the Defendant shall file a Reply to the Response by January 11, 2012, setting forth separately: (a) his admission or denial of any new factual allegations of the Response, and (b) any additional legal arguments. If Defendant fails to file a timely Reply, such failure shall be deemed his agreement with the facts and law as asserted in the Government's Response.
IT IS FURTHER ORDERED that if any pleading or other paper submitted to be filed and considered by the Court does not include a certificate of service upon Plaintiff, or counsel for Plaintiff, it will be stricken from this case and disregarded by the Court.
GEORGE H. KING
UNITED STATES DISTRICT JUDGE