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.