Opinion
No. CR S-99-0401 JAM EFB.
April 6, 2011
ORDER
Movant, a federal prisoner proceeding without counsel, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Dckt. No. 156. Since movant may be entitled to the requested relief, respondent is directed to file an answer, motion or other response within sixty days of the date of this order. See Rule 4(b), Rules Governing Section 2255 Proceedings.
While movant purports to bring his motion pursuant to Rule 60(b) of the Federal Rules of Civil Procedure and/or Rule 36 of the Federal Rules of Criminal Procedure, the court construes the motion as one brought pursuant to 28 U.S.C. § 2255. See Hernandez v. Campbell, 204 F.3d 861, 864-65 (9th Cir. 2000) ("Generally, motions to contest the legality of a sentence must be filed under § 2255").
Any response shall be accompanied by any and all transcripts or other documents relevant to the determination of the issues presented in the § 2255 motion. Rule 5, Rules Governing Section 2255 Proceedings.
Movant's reply to respondent's answer, if any, is due on or before thirty days from the date respondent's answer is filed. Id.
If the response to the § 2255 motion is a motion, movant's opposition or statement of non-opposition shall be filed and served within 30 days of service of the motion, and respondents' reply, if any, shall be filed within 14 days thereafter.
The Clerk of the Court shall serve a copy of this order, together with a copy of movant's March 25, 2011 motion on the United States Attorney or his authorized representative.
So ordered.
DATED: April 5, 2011.