Opinion
5:17-cr-00022-MTT-CHW-1
08-31-2021
DELMA GODDARD, Movant, v. UNITED STATES OF AMERICA, Respondent.
Proceedings Under 28 U.S.C. § 2255
Before the U.S. Magistrate Judge
ORDER
Charles H. Weigle United States Magistrate Judge
Before the Court is a Motion to Vacate, Set Aside, or Correct a Sentence pursuant to 28 U.S.C. § 2255 filed by Delma Goddard. (Doc. 732). After conducting an initial review in accordance with the provisions of Rule 4 of the Rules Governing Section 2255 Proceedings for the United States District Courts, the Court is unable to conclude that the instant Motion is subject to summary dismissal.
IT IS THEREFORE ORDERED that within thirty (30) days of the date of this Order, Movant shall amend his motion to include every unalleged possible constitutional error or deprivation entitling him to federal habeas corpus relief, failing which Movant will be presumed to have deliberately waived his right to complain of any constitutional errors or deprivations other than those set forth in his initial motion. If amended, Movant will be presumed to have deliberately waived his right to complain of any constitutional errors or deprivations other than those set forth in his initial and amended motions.
IT IS FURTHER ORDERED that the United States Attorney RESPOND to Movant's claims by filing an answer or other responsive pleading pursuant to Rule 5 of the Rules
Governing Section 2255 Proceedings for the United States District Courts within sixty (60) days of the date of this Order.
SO ORDERED.