Emojevwe v. United States of America (INMATE 3)

Filing 4

ORDERED that the Clerk is hereby DIRECTED to serve a copy of the petitioners § 1 and 3 2255 motion as amended upon the United States Attorney for the Middle District of Alabama. The United States Attorney is ORDERED to file a response to the § 2255 motion on or before June 3, 2010, addressing the applicability of the one-year period of limitation in this case pursuant to the provisions contained in 28 U.S.C. § 2255. Signed by Honorable Charles S. Coody on 5/4/2010. (cb, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION R O B E R T OVUORYE EMOJEVWE, P e titio n e r, v. UNITED STATES OF AMERICA, R e sp o n d e n t. ) ) ) ) ) ) ) ) )

Civil Action No. 1:10cv317-ID (WO)

ORDER The petitioner has filed a 28 U.S.C. § 2255 motion (Doc. No. 1) and an amendment
(D o c . No. 3) asserting claims by which he challenge the convictions and sentence imposed u p o n him by this court in 1999 for trafficking in counterfeit goods. Upon review of the

§ 2255 motion as amended, the undersigned concludes that a limited response from the government is necessary at this time. Accordingly, the CLERK is hereby DIRECTED to serve a copy of the petitioner's § 2255 motion as amended (Doc. Nos. 1 and 3) upon the United States Attorney for the Middle District of Alabama. The United States Attorney is ORDERED to file a response to the § 2255 motion on or before June 3, 2010, addressing the applicability of the one-year period of limitation in this case pursuant to the provisions contained in 28 U.S.C. § 2255. The government is advised that its response should contain a detailed procedural history, all relevant records, and citations to applicable case law necessary for the court to

determine the applicability of the limitation period contained in 28 U.S.C. § 2255. Should the government's response to the instant order indicate that this case must proceed on the merits, the government will be given an adequate opportunity to file a response addressing all claims presented in the § 2255 motion. Done this 4th day of May, 2010.

/s/Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE

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