Opinion
CASE NO. C02-2401R, CR02-76R
January 3, 2003
ORDER FOR SERVICE AND RETURN, § 2255 MOTION
(1) The Clerk shall arrange for service by certified mail upon the United States Attorney of copies of the motion, of all documents in support thereof, and of this Order, and shall direct a copy of this Order to petitioner or his counsel, if any; and,
(2) Within thirty days after such service, the United States shall file and serve an Answer, in accordance with Rule 5 of the Rules Governing § 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 required, and whether there is any issue as to abuse or delay under Rule 9. If the United States asserts no evidentiary hearing is required, it shall submit at the same time a Memorandum of Authorities in support of that position.
(3) Respondent shall file the answer with the Clerk of Court and serve copies of said documents upon petitioner and upon the office of the undersigned. The Answer shall be treated in accordance with Local Rule CR 7. Accordingly, on the face of the Answer, respondent shall note it for consideration on the fourth Friday after the date of filing. Petitioner may file a reply on or before the Thursday immediately preceding the noting date.
(4) The Clerk shall direct copies of this Order to petitioner and to the Honorable Barbara J. Rothstein.