Boyd v. United States Of America

Filing 30

ORDER that the government may file a responsive brief within 30 days of this order. However, should the government choose not to file a brief, it is directed to notify the Court by Wednesday, August 27, 2014. (Compliance due by 8/27/2014). Signed by Magistrate Judge Brian K. Epps on 8/22/14. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

STEVEN B. BOYD,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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) CV 111-136
) (Formerly CR 198-012)
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ORDER
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Petitioner, an inmate at U.S.P. Atlanta in Atlanta, Georgia, has filed with this
Court a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence.
On August 12, 2014, the Eleventh Circuit Court of Appeals issued a mandate
reversing this Court’s dismissal of Petitioner’s motion as successive and remanding
the case to this Court to determine whether the motion is timely. See Boyd v. United
States, 754 F.3d 1298, 1302-03 (11th Cir. 2014).
Petitioner filed an extensive brief after the case was remanded. (Doc. no. 29.)
Even though this case remains at the initial screening stage, in which the government
would not normally have a role, given its extensive involvement with this case on
appeal and the complexity of the timeliness issue, the government may file a
responsive brief within thirty days of the date of this Order. However, should the

government choose not to file a brief, it is directed to notify the Court by Wednesday,
August 27, 2014.
SO ORDERED this 22nd day of August, 2014, at Augusta, Georgia.

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