White v. U.S.

Full title: DARNEY RAY WHITE, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, E.D. California

Date published: Aug 24, 2005

No. CV-F-05-946 REC, (No. CR-F-03-5308 REC) (E.D. Cal. Aug. 24, 2005)

Opinion

No. CV-F-05-946 REC, (No. CR-F-03-5308 REC).

August 24, 2005

ORDER ALLOWING PETITIONER TO AMEND MOTION FOR RELIEF PURSUANT TO 28 U.S.C. § 2255, VACATING ORDER FILED ON AUGUST 18, 2005, AND DIRECTING UNITED STATES TO RESPOND TO MOTION FOR RELIEF AS AMENDED WITHIN 45 DAYS

ROBERT COYLE, Senior District Judge

On July 25, 2005, petitioner filed a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255. By Order filed on August 4, 2005, the court accepted jurisdiction of petitioner's Section 2255 motion and ordered petitioner to file a waiver of the attorney-client privilege. Petitioner filed his waiver of the attorney-client privilege on August 16, 2005. By Order filed on August 18, 2005, the court ordered the United States to respond to petitioner's Section 2255 motion. On August 22, 2005, petitioner filed an amended supplemental basis for relief under Section 2255 and also filed supplemental evidence in support of the claims made in his Section 2255 motion.

The court will allow petitioner's supplemental claims to proceed and will consider the supplemental evidence.

Consequently, the court vacates the Order filed on August 18, 2005 directing the United States to respond to the motion as filed on July 25, 2005.

The United States is directed to respond to the motion filed on July 25, 2005 and the amended supplemental basis for relief within 45 days of the filing date of this Order.

IT IS SO ORDERED.