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BARTKO v. U.S., 5:09-CR-321-D (2015)

Court: District Court, E.D. North Carolina Number: infdco20150918i41 Visitors: 12
Filed: Sep. 16, 2015
Latest Update: Sep. 16, 2015
Summary: ORDER JAMES C. DEVER, III , Chief District Judge . Gregory Bartko's ("Bartko") motion for leave to file excess pages [D.E. 293] and to amend/correct his motion under 28 U.S.C. 2255 [D.E. 305] are GRANTED. Bartko's motion for an extension of time to respond to the government's motion for summary judgment [D.E. 304] is DISMISSED as moot. The government's motion to strike [D.E. 306] and motion to hold the case in abeyance [D.E. 308] are DENIED. The government's motion to dismiss, or in the
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ORDER

Gregory Bartko's ("Bartko") motion for leave to file excess pages [D.E. 293] and to amend/correct his motion under 28 U.S.C. § 2255 [D.E. 305] are GRANTED. Bartko's motion for an extension of time to respond to the government's motion for summary judgment [D.E. 304] is DISMISSED as moot.

The government's motion to strike [D.E. 306] and motion to hold the case in abeyance [D.E. 308] are DENIED. The government's motion to dismiss, or in the alternative motion for summary judgment [D.E. 301], is DISMISSED as moot given that the motion concerns Bartko's original section 2255 motion and not his amended section 2255 motion. The government's motion to extend time to respond or file an appropriate motion in response to Bartko's amended section 2255 motion [D.E. 312] is GRANTED. The government shall have through and including October 30, 2015, to file any such response or motion concerning Bartko's amended section 2255 motion. Bartko may then respond, and the government may reply, in accordance with the local rules.

SO ORDERED.

Source:  Leagle

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