Alonzo v. United States of America

Filing 3

ORDER The Clerk of Court must serve a copy of the § 2255 Motion (Doc. 1 in CV-11- 2171-PHX-GMS (ECV)) and this Order on the United States Attorney for the District of Arizona. The parties and the Clerk of Court must file all documents related t o the § 2255 Motion in the civil case. The United States Attorney for the District of Arizona has 60 days from the date of service within which to answer the § 2255 Motion. Movant may file a reply within 30 days from the date of service of the answer to the § 2255 Motion. The matter is referred to Magistrate Judge Edward C. Voss for further proceedings and a report and recommendation. Signed by Judge G Murray Snow on 12/07/11. (ESL)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,
Plaintiff,

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v.

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Luis Arturo Alonzo,
Defendant/Movant.

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No. CV 11-2171-PHX-GMS (ECV)
No. CR 10-1431-PHX-GMS
ORDER

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On November 4, 2011, Movant Luis Arturo Alonzo, who is confined in the Federal

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Correctional Institution-Victorville I in Adelanto, Arizona, filed a pro se Motion to Vacate,

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Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255.

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The Court will call for an answer to the § 2255 Motion.

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I.

Procedural History

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Pursuant to a plea agreement, Movant pled guilty to Re-Entry of Removed Alien, in

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violation of 8 U.S.C. § 1326(a). On March 28, 2011, the Court sentenced Movant to a 46-

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month term of imprisonment followed by 3 years on supervised release.

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II.

Section 2255 Motion

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In his § 2255 Motion, Movant alleges that he was induced to plead guilty, that he is

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a United States citizen through adoption, and that his attorney failed to get official documents

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demonstrating Movant’s citizenship.
The Court will require a response to the § 2255 Motion.

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III.

Warnings

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A.

Address Changes

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Movant must file and serve a notice of a change of address in accordance with Rule

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83.3(d) of the Local Rules of Civil Procedure. Movant must not include a motion for other

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relief with a notice of change of address. Failure to comply may result in dismissal of this

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action.

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B.

Copies

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Movant must serve Respondent, or counsel if an appearance has been entered, a copy

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of every document that he files. Fed. R. Civ. P. 5(a). Each filing must include a certificate

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stating that a copy of the filing was served. Fed. R. Civ. P. 5(d). Also, Movant must submit

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an additional copy of every filing for use by the Court. LRCiv 5.4. Failure to comply may

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result in the filing being stricken without further notice to Movant.

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C.

Possible Dismissal

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If Movant fails to timely comply with every provision of this Order, including these

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warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet,

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963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to

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comply with any order of the Court).

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IT IS ORDERED:

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(1)

The Clerk of Court must serve a copy of the § 2255 Motion (Doc. 1 in CV-11-

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2171-PHX-GMS (ECV)) and this Order on the United States Attorney for the District of

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Arizona.

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(2)

The parties and the Clerk of Court must file all documents related to the § 2255

Motion in the civil case.
(3)

The United States Attorney for the District of Arizona has 60 days from the

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file an answer limited to relevant affirmative defenses, including but not limited to, statute

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of limitations, procedural bar, or non-retroactivity. If the answer is limited to affirmative

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date of service within which to answer the § 2255 Motion. The United States Attorney may

defenses, only those portions of the record relevant to those defenses need be attached to the
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answer. Failure to set forth an affirmative defense in an answer may be treated as a waiver

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of the defense. Day v. McDonough, 547 U.S. 198, 209-11 (2006). If not limited to

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affirmative defenses, the answer must fully comply with all of the requirements of Rule 5 of

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the Rules Governing Section 2255 Cases.

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(4)

Movant may file a reply within 30 days from the date of service of the answer

to the § 2255 Motion.
(5)

The matter is referred to Magistrate Judge Edward C. Voss pursuant to Rules

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72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and

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recommendation.

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DATED this 7th day of December, 2011.

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