Opinion
Case No. C03-0019C, (CR01-0109C)
January 22, 2003
ORDER FOR SERVICE AND RETURN, § 2255 MOTION
Petitioner has filed a Motion under 28 U.S.C. § 2255 claiming that his sentence was imposed in violation of the Constitution. The court has reviewed the motion and finds that an Answer from the government is warranted. 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 and its attachments (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 mailer, and respondent may file and serve a reply brief not later than on the Thursday immediately preceding the Friday designated for consideration of the mater.