Wiskirchen v. U.S.

Full title: CHARLES WISKIRCHEN, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, C.D. Illinois, Springfield Division

Date published: Dec 19, 2005

No. 05-3303 (C.D. Ill. Dec. 19, 2005)

Opinion

No. 05-3303.

December 19, 2005

OPINION

JEANNE SCOTT, District Judge

This cause is before the Court on Petitioner's Petition under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (d/e 1). The Court now makes the initial consideration of Petitioner'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 February 17, 2006. Any reply by the Petitioner is due by March 17, 2006.

IT IS THEREFORE SO ORDERED.