SCOTT v. U.S., 7:05-CR-00021-F-1 (2016)
Court: District Court, E.D. North Carolina
Number: infdco20160429d55
Visitors: 7
Filed: Apr. 28, 2016
Latest Update: Apr. 28, 2016
Summary: ORDER JAMES C. FOX , Senior District Judge . This matter is before the court on Wilbur Scott, Jr.'s Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 [DE-26, -29]. Having examined Scott's motion pursuant to Rule 4(b) of the Rules Governing 2255 Proceedings, the United States Attorney is DIRECTED to file an Answer pursuant to Rule 5, Rules Governing 2255 Proceedings, or to make such other response as appropriate to the above-captioned 2255 motion within for
Summary: ORDER JAMES C. FOX , Senior District Judge . This matter is before the court on Wilbur Scott, Jr.'s Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 [DE-26, -29]. Having examined Scott's motion pursuant to Rule 4(b) of the Rules Governing 2255 Proceedings, the United States Attorney is DIRECTED to file an Answer pursuant to Rule 5, Rules Governing 2255 Proceedings, or to make such other response as appropriate to the above-captioned 2255 motion within fort..
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ORDER
JAMES C. FOX, Senior District Judge.
This matter is before the court on Wilbur Scott, Jr.'s Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 [DE-26, -29]. Having examined Scott's motion pursuant to Rule 4(b) of the Rules Governing § 2255 Proceedings, the United States Attorney is DIRECTED to file an Answer pursuant to Rule 5, Rules Governing § 2255 Proceedings, or to make such other response as appropriate to the above-captioned § 2255 motion within forty (40) days of the filing of this order.
Scott asserts challenges based on Johnson v. United States, 135 S.Ct. 2551 (2015). Sherri R. Alspaugh with the Office of the Federal Public Defender has been appointed to represent Scott pursuant to Standing Order No. 15-SO-2 (E.D.N.C. Oct. 16, 2015).
SO ORDERED.
Source: Leagle
