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United States v. Castle

United States District Court, Eastern District of California
Oct 31, 2022
2:15-cr-0190 KJM DB 2 (E.D. Cal. Oct. 31, 2022)

Opinion

2:15-cr-0190 KJM DB 2

10-31-2022

UNITED STATES OF AMERICA, Respondent, v. JAMES CHRISTOPHER CASTLE, Movant.


ORDER

Movant, a federal prisoner proceeding pro se, filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. At the same time movant filed the motion, he filed a notice of appeal. This court ordered movant to explain why an extraordinary circumstance justified the court's consideration of a § 2255 motion when an appeal was pending. (ECF No. 835.) In response, movant chose to dismiss his appeal. (See ECF Nos. 841, 842, 846.) It appears, then, that movant may proceed with his § 2255 motion.

Movant's request for an extension of time to file his response (ECF No. 839) is granted.

Because movant may be entitled to the requested relief if he can establish a violation of his constitutional rights, respondent is directed to file a response within thirty days of the filed date of this order. See Rule 4, Rules Governing Section 2255 Proceedings.

If respondent files an answer, respondent shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the motion. Rule 5, Rules Governing Section 2255 Proceedings. Movant's traverse, if any, is due on or before thirty days from the date respondent's answer is filed.

If respondent files a motion to dismiss rather than an answer, movant's opposition or statement of non-opposition to the motion shall be filed and served within thirty days after service of the motion, and respondent's reply, if any, shall be filed and served within fourteen days thereafter.

The Clerk of the Court shall serve a copy of this order, together with a copy of movant's motion, on the United States Attorney or his authorized representative.

IT IS SO ORDERED.


Summaries of

United States v. Castle

United States District Court, Eastern District of California
Oct 31, 2022
2:15-cr-0190 KJM DB 2 (E.D. Cal. Oct. 31, 2022)
Case details for

United States v. Castle

Case Details

Full title:UNITED STATES OF AMERICA, Respondent, v. JAMES CHRISTOPHER CASTLE, Movant.

Court:United States District Court, Eastern District of California

Date published: Oct 31, 2022

Citations

2:15-cr-0190 KJM DB 2 (E.D. Cal. Oct. 31, 2022)