Peeler v. U.S.

Full title: LONNIE EDGAR PEELER, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, W.D. North Carolina, Asheville Division

Date published: Apr 4, 2007

CIVIL NO. 1:06CV360 (1:99CR52) (W.D.N.C. Apr. 4, 2007)

Opinion

CIVIL NO. 1:06CV360 (1:99CR52).

April 4, 2007

ORDER

LACY THORNBURG, District Judge

THIS MATTER is before the Court on the Petitioner's motion for summary judgment.

The Petitioner states that the Respondent has failed to answer the issues raised in his motion to vacate, set aside, or correct sentence filed pursuant to 28 U.S.C. § 2255 and is, therefore, in "procedural default." What the Petitioner fails to realize is that the Respondent has no duty to answer the motion to vacate unless directed to do so by the Court. No order has been entered herein requiring the Respondent to file answer.

IT IS, THEREFORE, ORDERED that the Petitioner's motion for summary judgment is hereby DENIED.