Filed: Nov. 01, 2018
Latest Update: Nov. 01, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Petitioner, proceeding pro se, initiated this case by filing a motion to vacate, set aside, or correct an illegal sentence pursuant to 28 U.S.C. 2255 (Doc. 1, constructively filed October 22, 2018), 2 challenging her conviction and sentence entered in Case No. 2:17-cr-87-FtM-38CM. Upon consideration of the 2255 motion and in accordance with the Rules Governing Section 2255 Cases for the United States District Courts, it is ORDERE
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Petitioner, proceeding pro se, initiated this case by filing a motion to vacate, set aside, or correct an illegal sentence pursuant to 28 U.S.C. 2255 (Doc. 1, constructively filed October 22, 2018), 2 challenging her conviction and sentence entered in Case No. 2:17-cr-87-FtM-38CM. Upon consideration of the 2255 motion and in accordance with the Rules Governing Section 2255 Cases for the United States District Courts, it is ORDERED..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Petitioner, proceeding pro se, initiated this case by filing a motion to vacate, set aside, or correct an illegal sentence pursuant to 28 U.S.C. § 2255 (Doc. 1, constructively filed October 22, 2018),2 challenging her conviction and sentence entered in Case No. 2:17-cr-87-FtM-38CM. Upon consideration of the § 2255 motion and in accordance with the Rules Governing Section 2255 Cases for the United States District Courts, it is ORDERED:
(a) The Government shall, within NINETY (90) DAYS from the date of this Order, file a response indicating why the relief sought in the motion should not be granted.
(b) As part of the initial pleading required by paragraph (a) of this Order, the Government shall also:
(1) State whether Petitioner has used any other available federal remedies including any prior post-conviction motions and, if so, whether an evidentiary hearing was accorded to the movant in any federal court;
(2) Procure transcripts and/or narrative summaries in accordance with Rule 5(b) of the Rules Governing Section 2255 Cases in the United States District Courts and file them concurrently with the initial pleading, but in no case later than thirty (30) days after the filing of the initial pleading;
(3) Summarize the results of any direct appellate relief sought by Petitioner to include citation references and copies of appellant and appellee briefs from every appellate proceeding.3
(4) Provide a detailed explanation of whether the motion was or was not filed within the one-year limitation period set forth in 28 U.S.C. § 2255. If Respondent concludes that the petition was not filed within the limitation period, a limited response may be filed attaching only those portions of the record necessary to support the conclusion that the petition was not timely filed.
(c) Henceforth, Petitioner shall mail one copy of every pleading, exhibit and/or correspondence, along with a certificate of service indicating the date an accurate copy was mailed, to the Assistant U.S. Attorney assigned to this case and listed on the docket.
(d) Petitioner shall advise the Court of any change of address. Failure to do so may result in the case being dismissed for failure to prosecute
DONE and ORDERED.
