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U.S. v. SPENCER, 12-cr-00096-REB (2013)

Court: District Court, D. Colorado Number: infdco20130618b06 Visitors: 21
Filed: Jun. 17, 2013
Latest Update: Jun. 17, 2013
Summary: ORDER ROBERT E. BLACKBURN, District Judge. The matter before me is the Motion To Vacate, Set Aside, or Correct Sentence Pursuant To 28 U.S.C. 2255 [#145] 1 filed June 12, 2013, by the defendant-movant. The defendant-movant is proceeding pro se. Thus, I have reviewed his motion liberally and generously. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197 , 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton 483 F.3d 1070 , 1076 (10th Cir. 2007); Hall v. Belmon, 935 F.2d 1106 ,
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ORDER

ROBERT E. BLACKBURN, District Judge.

The matter before me is the Motion To Vacate, Set Aside, or Correct Sentence Pursuant To 28 U.S.C. § 2255 [#145]1 filed June 12, 2013, by the defendant-movant.

The defendant-movant is proceeding pro se. Thus, I have reviewed his motion liberally and generously. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Belmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21 (1972)).

The motion is before me for prompt examination and initial consideration under Rule 4(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts. Based on my initial consideration of defendant-movant's motion, which includes my consideration of the motion and the record of prior proceedings, I can not conclude summarily that the defendant-movant is not entitled to relief and that the motion should be dismissed. Thus, under Rule 4(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts, I must order the United States to file an answer, motion, or other response within a fixed time.

THEREFORE, IT IS ORDERED as follows:

1. That by July 17, 2013, the United States Attorney for the District of Colorado SHALL FILE an answer, motion, or other response to the motion of the defendant-movant with the contents required by Rule 5(b) of the Rules Governing Section 2255 Proceedings for the United States District Court; and

2. That as provided by Rule 5(d) of the Rules Governing Section 2255 Proceedings for the United States District Courts, the defendant-movant MAY FILE by August 14, 2013, a reply to the government's answer, motion, or other response.

FootNotes


1. "[#145]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
Source:  Leagle

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