Cheevers v. U.S., 14cv1699-GPC (2018)
Court: District Court, N.D. California
Number: infdco20180824d19
Visitors: 11
Filed: Aug. 23, 2018
Latest Update: Aug. 23, 2018
Summary: ORDER GRANTING FEDERAL RULE OF CIVIL PROCEDURE 60(B) MOTION AND SETTING BRIEFING SCHEDULE ON 28 U.S.C. 2255 [Dkt. No. 727.] GONZALO P. CURIEL , District Judge . On August 13, 2018, Petitioner James Cheevers, proceeding pro se, filed a motion for leave to file a Federal Rule of Civil Procedure ("Rule") 60(b) motion which seeks to vacate the Court's order of November 19, 2014 denying a motion to set aside sentence and obtain permission to file an all-inclusive 28 U.S.C. 2255 petition. T
Summary: ORDER GRANTING FEDERAL RULE OF CIVIL PROCEDURE 60(B) MOTION AND SETTING BRIEFING SCHEDULE ON 28 U.S.C. 2255 [Dkt. No. 727.] GONZALO P. CURIEL , District Judge . On August 13, 2018, Petitioner James Cheevers, proceeding pro se, filed a motion for leave to file a Federal Rule of Civil Procedure ("Rule") 60(b) motion which seeks to vacate the Court's order of November 19, 2014 denying a motion to set aside sentence and obtain permission to file an all-inclusive 28 U.S.C. 2255 petition. Th..
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ORDER GRANTING FEDERAL RULE OF CIVIL PROCEDURE 60(B) MOTION AND SETTING BRIEFING SCHEDULE ON 28 U.S.C. § 2255 [Dkt. No. 727.]
GONZALO P. CURIEL, District Judge.
On August 13, 2018, Petitioner James Cheevers, proceeding pro se, filed a motion for leave to file a Federal Rule of Civil Procedure ("Rule") 60(b) motion which seeks to vacate the Court's order of November 19, 2014 denying a motion to set aside sentence and obtain permission to file an all-inclusive 28 U.S.C. § 2255 petition. The Court construes Petitioner's Rule 60(b) motion as a motion for leave to file an all-inclusive 28 U.S.C. § 2255 petition. After a review of the motion, the Court finds good cause to grant Petitioner's request for leave to file a 28 U.S.C. § 2255 petition. Accordingly, the Court ORDERS the following:
1. The Clerk of Court shall file the 28 U.S.C. § 2255 petition contained in the Rule 60(b) motion. The Court notes that on ground one, Petitioner alleges ineffective assistance of counsel ("IAC") for his counsel's failure to file a "notice of appeal" and cites to "Brief in Support of 28 U.S.C. § 2255 Motion"` however, the brief concerning the IAC claim is not attached. If petitioner seeks to add the brief to support his § 2255 petition, he shall file the brief on or before September 7, 2018. If an accompanying brief is not filed, the Court will consider the petition without the brief.
2. Respondent shall file and serve a response to the petition no later than September 28, 2018. The response shall include any and all documents relevant to the determination of the issues raised by the motion.
3. If Petitioner wishes, he may file a reply no later than October 19, 2018.
IT IS SO ORDERED.
Source: Leagle
