Bolton v. U.S., 3:16-CR-161-PLR-HBG-26 (2016)
Court: District Court, E.D. Tennessee
Number: infdco20160520e18
Visitors: 9
Filed: May 19, 2016
Latest Update: May 19, 2016
Summary: MEMORANDUM AND ORDER PAMELA L. REEVES , District Judge . Before the Court is a pro se motion to vacate, set aside, or correct a sentence under 28 U.S.C. 2255 [Doc. 950]. Petitioner bases his request for collateral relief on Johnson v. United States , 135 S.Ct. 2551 (2015) [ Id. ; Doc. 951]. Since it does not plainly appear from the face of the motion that it should be summarily dismissed, the United States Attorney is hereby ORDERED to file an answer or other pleading within thirty
Summary: MEMORANDUM AND ORDER PAMELA L. REEVES , District Judge . Before the Court is a pro se motion to vacate, set aside, or correct a sentence under 28 U.S.C. 2255 [Doc. 950]. Petitioner bases his request for collateral relief on Johnson v. United States , 135 S.Ct. 2551 (2015) [ Id. ; Doc. 951]. Since it does not plainly appear from the face of the motion that it should be summarily dismissed, the United States Attorney is hereby ORDERED to file an answer or other pleading within thirty ..
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MEMORANDUM AND ORDER
PAMELA L. REEVES, District Judge.
Before the Court is a pro se motion to vacate, set aside, or correct a sentence under 28 U.S.C. § 2255 [Doc. 950]. Petitioner bases his request for collateral relief on Johnson v. United States, 135 S.Ct. 2551 (2015) [Id.; Doc. 951]. Since it does not plainly appear from the face of the motion that it should be summarily dismissed, the United States Attorney is hereby ORDERED to file an answer or other pleading within thirty (30) days from the date of this Order. See Rule 4 of the Rules Governing Section 2255 Proceedings for the United States District Courts.
Although a reply to the government's answer is not necessary, if Petitioner wishes to file a reply, he SHALL file that reply within thirty (30) days from the date the government files its answer with the Court. See Rule 5(d) of the Rules Governing Section 2255 Proceedings for the United States District Courts. The Court directs Petitioner's attention to L.R. 7.1(b), which provides that briefs "shall not exceed 25 pages in length[,]" and L.R. 7.1(b), which provides that any reply must directly reply to the points and authorities in the government's answer and shall not be used to reargue the points included in his § 2255 motion or to present any new issues.
IT IS SO ORDERED.
Source: Leagle