Opinion
Civil Case No. 2:11-cv-12196 Criminal Case No. 2:09-cr-20627
09-29-2011
UNITED STATES OF AMERICA, Plaintiff, v. ANDRE WALKER, Defendant.
HON. GEORGE CARAM STEEH
ORDER DENYING MOTION FOR SUMMARY/DEFAULT JUDGMENT[#38}
On May 19, 2011, defendant, Andre Walker, filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. On May 26, 2011, the court ordered the government to file a response to defendant's § 2255 motion on or before August 26, 2011. On August 8, 2011, the government filed a motion for additional time to respond to defendant's § 2255 motion. See Dkt. # 36. The court granted the government's request and ordered the government to file its response to defendant's § 2255 motion by October 25, 2011. See Dkt. #37.
It appears that defendant may not have received docket entries numbered thirty-six (36) and thirty-seven (37) as he argues in his present motion that the government has failed to timely respond to his § 2255 motion. Therefore, the court includes copies of these documents along with this order. The government has not failed to timely respond to his § 2255 motion, as the response is now due on October 25, 2011. Defendant is not entitled to the relief he requests.
Accordingly,
Defendant's motion for summary/default judgment is DENIED.
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on September 29, 2011, by electronic and/or ordinary mail and also to Andre Walker at FCI Elkton, P.O. Box 10, Lisbon, OH 44432.
Josephine Chaffee
Deputy Clerk