Opinion
1:18-cr-00035-NONE-SKO
12-21-2021
UNITED STATES OF AMERICA, Plaintiff-Respondent, v. WILLIAM ROE ACEVEDO, Defendant-Petitioner.
ORDER SETTING BRIEFING SCHEDULE (DOC. NOS. 251, 252, 254)
On November 2, 2020, William Roe Acevedo (“movant”), a federal prisoner proceeding pro se, filed a motion to vacate, set aside, or correct a sentence under 28 U.S.C. § 2255 (“§ 2255 motion”) raising Sixth Amendment claims of ineffective assistance of trial counsel. (Doc. No. 251.) On December 8, 2020, movant filed a motion requesting to amend his § 2255 pleading. (Doc. No. 252.) On January 13, 2021, the court granted movant's motion to amend while expressing no opinion as to the timeliness of movant's § 2255 motion. (Doc. No. 253.) On March 1, 2021, movant filed his amended § 2255 motion. (Doc. No. 254.)
The court has conducted a preliminary review of movant's § 2255 motion and believes further briefing would aid its decision making. The government is directed to file a response according to the schedule below and is instructed specifically to address movant's grounds for equitable tolling, as well as the merits of movant's claims and any plea waiver.
Accordingly, the court ORDERS as follows:
1. The government shall file a response to movant's § 2255 motion by February 15, 2022; and
2. Movant shall file a reply, if any, no later than March 15, 2022.
IT IS SO ORDERED.