Opinion
No. 07-3299.
August 13, 2008
OPINION
This cause is before the Court on Robert Lee Wilson's Petition under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (d/e 1) and supplemental Memorandum in Support (d/e 4), which the Court will consider as a part of Wilson's Petition. The Court now makes the initial consideration of Wilson's Petition under Rule 4 of the Rules Governing § 2255 Cases.
After a review of the Petition, this Court finds that a summary dismissal is not warranted. Therefore, pursuant to Rule 4, the Court directs the United States to respond to Petitioner's Petition. The response shall discuss the merits and the procedural posture of the Petition. See Rule 5 of the Rules Governing § 2255 Cases.
THEREFORE, the United States Attorney is ordered to file an answer pursuant to Rule 5 of the Rules Governing 28 U.S.C. § 2255 Cases to Petitioner's Petition or before September 15, 2008.
IT IS THEREFORE SO ORDERED.