U.S. v. KIRKSEY, CR 13-00667 WHA. (2016)
Court: District Court, N.D. California
Number: infdco20160601818
Visitors: 16
Filed: May 31, 2016
Latest Update: May 31, 2016
Summary: ORDER TO SHOW CAUSE WILLIAM ALSUP , District Judge . Defendant, represented by counsel, has moved to vacate, set aside, or correct his sentence. The motion and case files do not "conclusively show" that defendant is not entitled to relief. See 28 U.S.C. 2255. The government is ORDERED TO SHOW CAUSE within SEVENTY-FIVE DAYS after the Section 2255 motion was filed why the motion should not be granted, if that is its position, and to file then all portions of the record relevant to the motio
Summary: ORDER TO SHOW CAUSE WILLIAM ALSUP , District Judge . Defendant, represented by counsel, has moved to vacate, set aside, or correct his sentence. The motion and case files do not "conclusively show" that defendant is not entitled to relief. See 28 U.S.C. 2255. The government is ORDERED TO SHOW CAUSE within SEVENTY-FIVE DAYS after the Section 2255 motion was filed why the motion should not be granted, if that is its position, and to file then all portions of the record relevant to the motion..
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ORDER TO SHOW CAUSE
WILLIAM ALSUP, District Judge.
Defendant, represented by counsel, has moved to vacate, set aside, or correct his sentence. The motion and case files do not "conclusively show" that defendant is not entitled to relief. See 28 U.S.C. 2255. The government is ORDERED TO SHOW CAUSE within SEVENTY-FIVE DAYS after the Section 2255 motion was filed why the motion should not be granted, if that is its position, and to file then all portions of the record relevant to the motion. If the government opposes the motion, defendant shall have FORTY-FIVE DAYS from submission of the opposition to reply.
IT IS SO ORDERED.
Source: Leagle
