Oliver v. U.S., 5:03-CR-00191-F-1 (2016)
Court: District Court, E.D. North Carolina
Number: infdco20160520c08
Visitors: 3
Filed: May 19, 2016
Latest Update: May 19, 2016
Summary: ORDER JAMES C. FOX , Senior District Judge . This matter is before the court on Randy Oliver's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 [DE-49]. Having examined Oliver's motion pursuant to Rule 4(b) of the Rules Governing 2255 Proceedings, the United States Attorney is DIRECTED to file an Answer pursuant to Rule 5, Rules Governing 2255 Proceedings, or to make such other response as appropriate to the above-captioned 2255 motion within forty (40) d
Summary: ORDER JAMES C. FOX , Senior District Judge . This matter is before the court on Randy Oliver's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 [DE-49]. Having examined Oliver's motion pursuant to Rule 4(b) of the Rules Governing 2255 Proceedings, the United States Attorney is DIRECTED to file an Answer pursuant to Rule 5, Rules Governing 2255 Proceedings, or to make such other response as appropriate to the above-captioned 2255 motion within forty (40) da..
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ORDER
JAMES C. FOX, Senior District Judge.
This matter is before the court on Randy Oliver's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 [DE-49]. Having examined Oliver's motion pursuant to Rule 4(b) of the Rules Governing§ 2255 Proceedings, the United States Attorney is DIRECTED to file an Answer pursuant to Rule 5, Rules Governing § 2255 Proceedings, or to make such other response as appropriate to the above-captioned § 2255 motion within forty (40) days of the filing of this order.
Oliver asserts challenges based on Johnson v. United States, 135 S.Ct. 2551 (2015), but it is not clear that Oliver qualifies for appointed counsel.1 However, Sherri R. Alspaugh with the Office of the Federal Public Defender has entered an appearance pursuant to Standing Order No. 15-SO-2 (E.D.N.C. Oct. 16, 2015).
SO ORDERED.
FootNotes
1. When Oliver was previously before this court, he had retained counsel.
Source: Leagle
