Opinion
CASE NO. C02-2379R, (CR00-51R)
January 2, 2003
ORDER FOR SERVICE AND RETURN, § 2255 MOTION
Petitioner has filed a Motion under 28 U.S.C. § 2255. It does not appear from the face of the Motion that the Motion should be denied at this time. An Answer from the government is therefore necessary. Service of the Motion is ORDERED:
(1) The Clerk shall arrange for service by first class mail upon the United States Attorney of a copy of the Motion (Doc. 1), and of this Order, and shall direct a copy of this Order and of the General Order to petitioner.
(2) Within thirty (30) days after such service, the United States shall file and serve an Answer in accordance with Rule 5 of the Rules Governing Section 2255 Cases in United States District Courts. As part of such Answer, the United States should state its position as to whether an evidentiary hearing is necessary and whether there is any issue as to abuse or delay under Rule 9. The United States shall file the Answer with the Clerk of the Court and serve a copy of the Answer upon petitioner
(3) The Answer will be treated in accordance with Local Rule CR 7. Accordingly, on the face of the Answer, the United States shall note it for consideration the fourth Friday after it is filed, and the Clerk shall note the Answer accordingly. Petitioner may file and serve a response not later than on the Monday immediately preceding the Friday appointed for consideration of the matter, and respondent may file and serve a reply brief not later than on the Thursday immediately preceding the Friday designated for consideration of the matter.