Ayala-Flores v. USA

Filing 7

ORDER Setting Briefing Schedule, re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Antonio Ayala-Flores, ( The United States shall file a written response to the Petitioner's motion within 30 days from the date of this scheduling order. The Petitioner shall have 14 days thereafter to file any reply brief.) Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
ANTONIO AYALA-FLORES
Plaintiff,

Civil Case No. 1:16-CV-517-BLW
Crim Case No. 1:15-CR-046-BLW

v.
UNITED STATES OF AMERICA,

ORDER SETTING BRIEFING
SCHEDULE

Defendant.

Finding good cause therefore,
NOW THEREFORE IT IS HEREBY ORDERED, that:
1. Pursuant to Rule 4(b), Rules Governing Section 2255 Proceedings, and after
initial review of the motion it is found that responsive briefing to the
allegations of the Petitioner would aid the Court in resolving the pending
motion. The United States shall file a written response to the Petitioner’s
motion within thirty (30) days from the date of this scheduling order. The
Petitioner shall have fourteen (14) days thereafter to file any reply brief.
2. Upon receipt of the briefing, the matter will be reviewed by to the Court. The
Court will decide whether additional proceedings are necessary, and if so, the
Court will notify the parties to request further briefing and/or set the matter for
hearing.

DATED: February 13, 2018

_________________________
B. Lynn Winmill
Chief U.S. District Court Judge