United States v. Evans, 3:17-cr-028 (2020)
Court: District Court, S.D. Ohio
Number: infdco20200311f16
Visitors: 10
Filed: Mar. 10, 2020
Latest Update: Mar. 10, 2020
Summary: ORDER FOR ANSWER MICHAEL R. MERZ , Magistrate Judge . This case is before the Court on Defendant's Motion to Vacate pursuant to 28 U.S.C. 2255 (ECF No. 187) and his Supplement to that Motion (ECF No. 205). It does not plainly appear from the face of the Motion, the Supplement, and the prior proceedings in the case that Defendant is not entitled to relief. Accordingly, it is hereby ORDERED that the United States Attorney shall, not later than May 1, 2020, file an answer conforming to the
Summary: ORDER FOR ANSWER MICHAEL R. MERZ , Magistrate Judge . This case is before the Court on Defendant's Motion to Vacate pursuant to 28 U.S.C. 2255 (ECF No. 187) and his Supplement to that Motion (ECF No. 205). It does not plainly appear from the face of the Motion, the Supplement, and the prior proceedings in the case that Defendant is not entitled to relief. Accordingly, it is hereby ORDERED that the United States Attorney shall, not later than May 1, 2020, file an answer conforming to the r..
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ORDER FOR ANSWER
MICHAEL R. MERZ, Magistrate Judge.
This case is before the Court on Defendant's Motion to Vacate pursuant to 28 U.S.C. § 2255 (ECF No. 187) and his Supplement to that Motion (ECF No. 205).
It does not plainly appear from the face of the Motion, the Supplement, and the prior proceedings in the case that Defendant is not entitled to relief. Accordingly, it is hereby ORDERED that the United States Attorney shall, not later than May 1, 2020, file an answer conforming to the requirements of Rule 5 of the Rules Governing § 2255 Cases. Specifically, said answer shall respond to each allegation made in the Motion, raise any affirmative defenses available to the United States, and state whether Defendant has previously received an evidentiary hearing on any of the matters he now raises or whether he is entitled, in the Government's view, to an evidentiary hearing in this proceeding.
Defendant may, not later than twenty-one days after the Answer is filed, file and serve a reply or traverse to the Answer. If the Government files a motion to dismiss, Defendant's time to file a memorandum in opposition will likewise be twenty-one days from service, as provided in S. D. Ohio Civ. R. 7.2(a).
Source: Leagle
