Opinion
CIVIL ACTION NO. 10-0020-CG-C, CRIMINAL ACTION NO. 06-0114-CG.
March 16, 2010
ORDER
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated February 19, 2010 is ADOPTED as the opinion of this Court.
It is therefore ORDERED that respondent's motion to dismiss (Doc. 138) is DENIED. Based upon the doctrine of equitable tolling, the Court finds that petitioner's § 2255 motion (Doc. 136) has been timely filed. The United States is ORDERED to file a substantive response to petitioner's four identified claims of alleged ineffective assistance of counsel (see Doc. 136, at 4-5) no later than May 11, 2010. DONE and ORDERED.