U.S. v. Vargas

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JOSE JUAN VARGAS, Defendant

Court: United States District Court, D. Nebraska

Date published: Jul 31, 2008

CASE NO. 8:05CR242 (D. Neb. Jul. 31, 2008)

Opinion

CASE NO. 8:05CR242.

July 31, 2008

ORDER

LAURIE CAMP, District Judge

This matter is before the Court on the Defendant's motion for an extension of time to correct the deficiency associated with his motion to vacate under 28 U.S.C. § 2255 (Filing No. 130).

The Defendant described the circumstances that make it difficult or impossible for him to comply with the requirement of a certificate of service noted by the Clerk, the government has received notice of the motion through the Court's electronic filing system, and the next step in the process of evaluating the motion is an initial review by the Court that does not require any response on behalf of the government. Therefore, under the circumstances the Defendant is relieved of the requirement to provide a certificate of service, and his motion is denied as moot.

IT IS ORDERED:

1. The Clerk is directed that this Defendant is relieved of the requirement of providing a certificate of service for his motion to vacate under 28 U.S.C. § 2255 (Filing No. 128); and

2. The Defendant's motion for an extension of time to correct the deficiency associated with his motion to vacate under 28 U.S.C. § 2255 (Filing No. 130) is denied as moot.