McDonald v. United States of America

Filing 9

ORDER for Respondent to file a response to Petitioner's 8 Declaration re Ground II(c) allegations within 21 days of this Order. (Compliance due by 4/23/2018.) Signed by Magistrate Judge Brian K. Epps on 04/02/2018. (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
TYRONE A. MCDONALD,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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CV 117-167
(Formerly CR 114-068)

ORDER
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Petitioner, an inmate at the Federal Correctional Institute in Edgefield, South
Carolina, filed with this Court a motion under 28 U.S.C. § 2255 to vacate, set aside, or
correct his sentence.

Because of the lack of detail concerning Ground II(c), in which

Petitioner claims counsel was ineffective for “‘fail[ing] to advise the Petitioner to accept a
plea instead of electing for trial,’” the Court ordered Petitioner to provide a sworn statement
describing the details of his claim. (Doc. no. 6 (quoting doc. no. 4, p. 4).) Petitioner has now
done so. (Doc. no. 8.) Accordingly, the Court ORDERS the government to file a response
to Petitioner’s detailed Ground II(c) allegations within twenty-one days of this order.
SO ORDERED this 2nd day of April, 2018, at Augusta, Georgia.