U.S. v. BLANCHE, 2:05-cr-0243 WBS CKD P. (2016)
Court: District Court, E.D. California
Number: infdco20161118927
Visitors: 5
Filed: Nov. 17, 2016
Latest Update: Nov. 17, 2016
Summary: ORDER CAROLYN K. DELANEY , Magistrate Judge . Movant, a federal prisoner represented by counsel, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. Under Rule 4 of the Rules Governing Section 2255 Cases, the court must review all 2255 motions and summarily deny any motion if it is plain that the movant is not entitled to relief. The court has conducted that review and finds that summary denial of the 2255 motion is not appropriate. Therefore,
Summary: ORDER CAROLYN K. DELANEY , Magistrate Judge . Movant, a federal prisoner represented by counsel, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. Under Rule 4 of the Rules Governing Section 2255 Cases, the court must review all 2255 motions and summarily deny any motion if it is plain that the movant is not entitled to relief. The court has conducted that review and finds that summary denial of the 2255 motion is not appropriate. Therefore, r..
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ORDER
CAROLYN K. DELANEY, Magistrate Judge.
Movant, a federal prisoner represented by counsel, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Under Rule 4 of the Rules Governing Section 2255 Cases, the court must review all § 2255 motions and summarily deny any motion if it is plain that the movant is not entitled to relief. The court has conducted that review and finds that summary denial of the § 2255 motion is not appropriate. Therefore, respondent will be directed to file a response.
Accordingly, IT IS HEREBY ORDERED that:
1. Respondent is directed to file an answer within sixty days of this order. See Rule 4, Rules Governing Section 2255 Proceedings.
2. Respondent shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the motion. Rule 5, Rules Governing Section 2255 Proceedings.
3. Movant's traverse, if any, is due on or before thirty days from the date respondent's answer is filed.
Source: Leagle
