Opinion
Civil Case No. 03-3437-SAC; Criminal Case No. 98-40079-02-SAC
February 12, 2004
ORDER
On November 19, 2003, the court issued an order to show cause why the defendant's motion for relief pursuant to 28 U.S.C. § 2255 (Dk. 200) should not be dismissed as untimely. (Dk. 201).
The court directed the defendant to file his response within sixty days to avoid having his motion summarily dismissed. The defendant did not file any response. Because the defendant plainly failed to file his § 2255 motion within the one-year limitations period, the court dismisses the defendant's motion (Dk. 200) as untimely.
IT IS SO ORDERED.