Opinion
Civil Action No. 16-cv-4026 (JHR)
10-29-2020
MOSES CLARY, Petitioner, v. UNITED STATES OF AMERICA Respondent.
MEMORANDUM ORDER
It appearing that:
1. Currently pending before this Court is Petitioner Moses Clary's ("Petitioner") pro se motion to vacate sentence pursuant to 28 U.S.C. § 2255 ("Petition"). [Dkt. Nos. 1, 9.]
2. On August 19, 2020, this Court entered an Order requiring Respondent to provide a copy of: (1) the superseding indictment; (2) plea agreement; (3) plea hearing transcript; (4) sentencing transcript; and (5) judgment of conviction, within 14 days. [Dkt. No. 20.]
3. As of today's date, Respondent has failed to do so. Accordingly, the Court will again order Respondent to provide the above-refenced documents. In addition to electronic service, the Court will also direct the Clerk to serve a hard copy of this Order on Respondent via certified mail. Should Respondent again fail to properly respond, Respondent may be required to show cause via video conference for his non-compliance with the Court's orders.
Therefore,
IT IS on this 29th day of October, 2020 hereby
ORDERED that within 30 days of the date of this Order, Respondent shall submit a copy of the following: (1) the superseding indictment; (2) plea agreement; (3) plea hearing transcript; (4) sentencing transcript; and (5) judgment of conviction; and it is further
ORDERED that the Clerk of the Court is directed to serve an electronic copy of this Order on Respondent via CM/ECF, as in the normal course; however, the Clerk shall also serve a hard copy of this Order on Respondent via certified mail, return receipt requested; and it is further
ORDERED that the Clerk of the Court shall serve a copy of this Order on Petitioner via regular mail.
/s/ Joseph H. Rodriguez
HON. JOSEPH H. RODRIGUEZ
United States District Judge