U.S. v. Neal

Full title: United States of America, v. Rosalyn Neal, Defendant

Court: United States District Court, D. South Carolina, Rock Hill Division

Date published: Apr 23, 2008

CRIMINAL NO. 0:05-1149-CMC (D.S.C. Apr. 23, 2008)

Opinion

CRIMINAL NO. 0:05-1149-CMC.

April 23, 2008

OPINION and ORDER

CAMERON CURRIE, District Judge

Defendant, proceeding pro se, seeks relief in this court pursuant to 28 U.S.C. § 2255. Defendant raises three claims in her motion. The Government filed a motion for summary judgment. Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the court advised Defendant of the summary judgment procedure and the consequences if she failed to respond. Defendant has filed her response¹ and the matter is ready for resolution.

1 On April 21, 2008, Defendant filed a motion for extension of time until April 23, 2008, to file her response to the Government's motion. The court granted the motion, and Defendant's response was received for filing on April 21, 2008.

The court has reviewed the complete record in this case. For the reasons stated in the Government's response, which this court finds to be correct and adopts as its findings, the court grants the Government's motion for summary judgment as to all three of Defendant's claims for relief.

IT IS THEREFORE ORDERED that the Government's Motion for Summary Judgment is GRANTED. The motion under 28 U.S.C. § 2255 is dismissed with prejudice.

IT IS SO ORDERED.