Kennedy v. United States Of America

Filing 3

ORDER that the U.S. Attorney to file an answer or motion to dismiss within thirty (30) days stating what records and documents need to be produced in order to fully respond to the 1 Motion to Vacate/Set Aside/Correct Sentence (2255). The Clerk is directed to forward a copy of this Order and a copy of Petitioner's Motion for Relief to the Savannah Office of the U.S. Attorney for the SDGA. Signed by Magistrate Judge R. Stan Baker on 5/1/2015. (ca)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION WESTLEY KAYEON KENNEDY, Petitioner, CIVIL ACTION NO.: CV215-030 v. UNITED STATES OF AMERICA, (Case No. CR214-012) Respondent. ORDER Petitioner, an inmate currently at USP Coleman I in Sumterville, Florida, has filed an action under 28 U.S.C. ยง 2255 which the Court has reviewed. Petitioner attacks a judgment of conviction obtained in this Court on February 23, 2015, in Case Number 2:14-cr-00012. Pursuant to Rule 4(b) of the Rules Governing Section 2255 Proceedings, the Court hereby Orders the United States Attorney to file an answer or motion to dismiss within thirty (30) days stating what records and documents need to be produced in order to fully respond to the motion. The government shall also include in this response its position regarding the need for expansion of the record authorized by Rule 7, evidentiary hearing authorized by Rule 8, and any additional discovery necessary as authorized by Rule 6 of the Rules Governing Section 2255 Proceedings. While this action is pending, Petitioner shall immediately inform this Court in writing of any change of address. Failure to do so will result in dismissal of this case, without prejudice. The Clerk of Court is hereby authorized and directed to forward a copy of this Order and a copy of Petitioner's Motion for Relief to the Savannah Office of the United States Attorney for the Southern District of Georgia. SO ORDERED, this 1st day of May, 2015. R. STAN BAKER UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

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