Opinion
No. CR S-08-0453 LKK KJN.
September 29, 2011
ORDER
Movant, a federal prisoner proceeding pro se, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Because movant may be entitled to the requested relief if he can establish a violation of his constitutional rights, respondent is directed to file an answer within thirty days of the effective date of this order. See Rule 4, Rules Governing Section 2255 Proceedings.
Movant's motion states that it is brought pursuant to Rule 32 of the Federal Rules of Criminal Procedures. On September 21, 2011, the Honorable Lawrence K. Karlton issued an order construing the motion as requesting federal habeas corpus relief.
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 (i.e. reply), if any, is due on or before thirty days from the date respondent's answer is filed.
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.
DATED: September 28, 2011