Alvarez-Santos v. United States of America

Filing 2

ORDER granting 1 PRO SE MOTION for Leave to Proceed in forma pauperis filed by Lorenzo Alvarez-Santos. The Clerk of Court is directed to file the attached Motion to Vacate Sentence and Judgment Pursuant to 28 USC Section 2255. The Clerk of Court is also directed to appoint counsel to represent petitioner Alvarez-Santos on his Motion to Vacate Sentence. The prosecution is directed to file either an answer or an appropriate motion on or before 8/12/13. Signed by Judge Mark W Bennett on 6/11/13. (copy w/nef mailed to non-ECF filer; CJA Panel Administrator notified) (djs)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
WESTERN DIVISION

LORENZO ALVAREZ-SANTOS,
Petitioner,

No. C13-4051-MWB
(CR11-4049-MWB)

vs.

ORDER REGARDING SETTING
DEADLINE FOR PROSECUTION’S
RESPONSE TO PETITIONER’S
UNITED STATES OF AMERICA,
MOTION TO VACATE SENTENCE
AND JUDGMENT PURSUANT TO 28
Respondent.
U.S.C. § 2255
____________________
This case comes before the court on petitioner Lorenzo Alvarez-Santos’s pro se

motion for leave to proceed in forma pauperis (docket no. 1). In his motion, AlvarezSantos seeks leave to proceed in forma pauperis with his attached Motion To Vacate
Sentence and Judgment Pursuant to 28 U.S.C. § 2255. Petitioner Alvarez-Santos’s pro
se motion to proceed in forma pauperis is granted. The Clerk of Court is directed to file
the attached Motion To Vacate Sentence and Judgment Pursuant to 28 U.S.C. § 2255. The
Clerk of Court is also directed to appoint counsel to represent petitioner Alvarez-Santos
on his Motion To Vacate Sentence and Judgment Pursuant to 28 U.S.C. § 2255.
The court conducted the required review under Rule 4(b) of the Rules Governing
Section 2255 Proceedings and concludes that summary dismissal of petitioner’s § 2255
motion is not appropriate at this time. See Blackledge v. Allison, 431 U.S. 63, 75-76
(1977) (making clear that summary dismissal is appropriate where the allegations are vague
or conclusory, palpably incredible, or patently frivolous or false). Accordingly, the
prosecution is directed to file either an answer in accordance with Rule 5(b) of the Rules

Governing Section 2255 Proceedings or an appropriate motion under Federal Rule of Civil
Procedure 12 on or before August 12, 2013. See Rule 4(b) of the Rules Governing
Section 2255 Proceedings. In the event that an answer is filed by the prosecution, the
court will establish by subsequent order a briefing schedule.
IT IS SO ORDERED.
DATED this 11th day of June, 2013.

__________________________________
MARK W. BENNETT
U. S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF IOWA

2