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U.S. v. SMITH, 2:98-cr-009-KJM-CKD. (2017)

Court: District Court, E.D. California Number: infdco20170502812 Visitors: 1
Filed: May 01, 2017
Latest Update: May 01, 2017
Summary: STIPULATED BRIEFING SCHEDULE AND ORDER CAROLYN K. DELANEY , Magistrate Judge . Movant JASON ELLIS SMITH, by and through his appointed counsel, filed a Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 pursuant to Johnson v. United States, nunc pro tunc on June 17, 2016. See Docket entry no. 114. On March 10, 2017, this matter was reassigned to the Honorable Kimberley J. Mueller. Docket entry no. 113. On March 31, 2017, this matter was referred to a magistrate judge. D
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STIPULATED BRIEFING SCHEDULE AND ORDER

Movant JASON ELLIS SMITH, by and through his appointed counsel, filed a Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. §2255 pursuant to Johnson v. United States, nunc pro tunc on June 17, 2016. See Docket entry no. 114. On March 10, 2017, this matter was reassigned to the Honorable Kimberley J. Mueller. Docket entry no. 113. On March 31, 2017, this matter was referred to a magistrate judge. Docket entry no. 115. Magistrate Judge Delaney is listed on the docket even though no minute entry documents this assignment. To date, no briefing schedule has issued.

Mr. Smith wishes to accelerate the disposition of this case. The government does not object to an accelerated schedule.

IT IS HEREBY STIPULATED by and between Phillip A. Talbert, United States Attorney, through Ross K. Naughton, Assistant United States Attorney, attorneys for Respondent, and Heather Williams, Federal Defender, through Assistant Federal Defender, Ann C. McClintock, attorneys for Jason Ellis Smith, that the briefing schedule be set to allow the government to file and serve its answer within 60 days, and for Movant to file a traverse, if any, within 30 days thereafter.

ORDER

The parties' stipulation is accepted. The government shall file a response to Movant Smith's June 17, 2016, Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. §2255 pursuant to Johnson v. United States, Docket entry no. 114, no later than 60 days from the effective date of this order. Movant shall file a traverse or reply, if any, no later than 30 days after service of the government's response.

Source:  Leagle

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