Opinion
No. CV 12-1179 WJ/LAM No. CR 10-1717 WJ
03-13-2013
UNITED STATES OF AMERICA, Plaintiff/Respondent, v. CHARLES GUTIERREZ, Defendant/Movant.
ORDER
THIS MATTER is before the Court on Defendant/Movant's motion to vacate, set aside, or correct sentence (CV Doc. 1; CR Doc. 50) and motion to proceed in forma pauperis (CV Doc. 2). It appears from the record that Defendant has previously been found indigent (CR Doc. 9), and thus his motion to proceed in forma pauperis is moot. Pursuant to Rule 4 of the Rules Governing Section 2255 Proceedings for the United States District Courts, the Court will order the United States to answer Defendant/Movant's motion to vacate, set aside, or correct sentence (CV Doc. 1; CR Doc. 50).
IT IS THEREFORE ORDERED that Defendant/Movant's motion to proceed in forma pauperis (CV Doc. 2)is DENIED as moot;
IT IS FURTHER ORDERED that the Clerk is directed to forward to the United States of America a copy of Defendant's motion to vacate, set aside, or correct sentence (CV Doc. 1; CR Doc. 50)and supporting papers and exhibits, if any, together with a copy of this order.
IT IS FURTHER ORDERED that the United States answer Defendant/Movant's motion to vacate, set aside, or correct sentence (CV Doc. 1; CR Doc. 50) within twenty-three days of entry of this order.
IT IS SO ORDERED.
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LOURDES A. MARTINEZ
UNITED STATES MAGISTRATE JUDGE