Opinion
CRIMINAL 4:19-cr-918 4:21-CR-477 Civil 4:23-cv-1439 4:23-cv-1440
11-21-2023
UNITED STATES OF AMERICA, Plaintiff/Respondent, v. JULIUS JOACHIM OHUMOLE, Defendant/Movant.
ORDER
DREW B. TIPTON, UNITED STATES DISTRICT JUDGE.
On April 17, 2023, the Clerk received Defendant/Movant Julius Joachim Ohumole's pro se motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 and memorandum in support, which he filed in both of his cases. (4:19-CR-918, DKT. NOS. 61, 62; 4:21-CR-477, DKT. NOS. 33, 34). THE COURT HAS REVIEWED THE MOTION AND CONCLUDES THAT SUMMARY DISMISSAL PURSUANT TO RULE 4(B) OF THE RULES GOVERNING SECTION 2255 PROCEEDINGS FOR THE UNITED STATES DISTRICT COURTS (“2255 RULES”) IS INAPPROPRIATE.
Accordingly, it is ORDERED that the United States answer the Section 2255 motion not later than 60 days after the entry of this Order. It is further ORDERED that the United States file with the Clerk, at or before the time of its answer, transcripts of all pertinent proceedings that are not already part of the record. Relevant affidavits, if any, are also to be filed with the answer. Pursuant to Rule 5(d) of the 2255 Rules, Movant may file a reply not later than 30 days after service of the Government's answer.
It is SO ORDERED.