Isbell v. USA

Filing 5

ORDER entered by Judge Michael M. Mihm on 6/21/2011. The Court's preliminary review indicates that the Petition could have merit and therefore orders Respondent to show cause, if any, within 21 days ( Miscellaneous Deadline 7/12/2011) why said writ should not be granted. See Order attached. (cc: Pro Se Pet)(RK, ilcd)

E-FILED

Tuesday, 21 June, 2011 02:20:47 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ISRAEL CARL ISBELL

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Petitioner,
v.
United States of America
Respondent.

Case No. 11-1230

ORDER
The matter presently before the Court is a Motion Under 28 U.S.C. § 2255 to
Vacate, Set Aside, or Correct Sentence.
Pursuant to 28 U.S.C. §§ 2243, 2255 and Rule 4, the Court's preliminary review
indicates that the Petition could have merit and therefore orders Respondent to show
cause, if any it may have, within twenty-one (21) days after service of this Order, why
said writ should not be granted.
After Respondent has filed its response, Petitioner is ordered to file any
traverse or reply to the response within twenty-one (21) days after service of said
response on him. The Court admonishes Petitioner that a failure to reply to the
response pursuant to 28 U.S.C. § 2248 will cause the Court to take the allegations in
the response to the Writ of Habeas Corpus as true except to the extent that the judge
finds from the evidence that they are not true.
IT IS FURTHER ORDERED that Petitioner shall serve upon Respondent or, if
appearance has been entered by counsel, upon its attorney, a copy of every further
pleading or other document submitted for consideration by the Court. Petitioner shall

include with the original paper to be filed with the Clerk of the Court a certificate
stating the date that a true and correct copy of any document was mailed to
Respondent or its counsel. Any paper received by this Court which has not been filed
with the Clerk or which fails to include a certificate of service will be disregarded by
the Court.
IT IS FURTHER ORDERED that Petitioner immediately notify the Court of any
change in his mailing address. Failure to notify the Court of any change in mailing
address will result in dismissal of this lawsuit, with prejudice.

Entered this 21st day of June 2011.

s/Michael M. Mihm
Michael M. Mihm
United States District Judge

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