Howard v. United States of America
Filing
5
ORDER CLOSING this file and transferring the petition to the USA v. Darron Deon Howard file, case number 1:06-cr-126; the United States Attorney shall file an Answer or other pleading within 60 days of the entry of this Order; the Movant may submit a Reply no later than 14 days from the service of the Answer; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr)
<![CDATA[
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
DARRON DEON HOWARD, Petitioner, HONORABLE PAUL L. MALONEY v. Case No. 1:10-cr-163 UNITED STATES OF AMERICA, Respondent, _______________________________/
ORDER TO FILE ANSWER OR OTHER PLEADINGS
The petitioner in this 28 U.S.C. § 2255 proceeding is the defendant in case number 1:06-cr-126 (United States of America v. Darron Deon Howard). It appears from both the language of Section 2255 as well as from the Advisory Committee Note of Rule 1 of the Rules Governing Section 2255 Proceedings in the United States District Courts that petitioner's Section 2255 motion should have been incorporated into the criminal proceedings. Therefore, IT IS HEREBY ORDERED that this file be CLOSED and that movant's petition be transferred to the United States of America v. Darron Deon Howard file, case number 1:06-cr-126. IT IS FURTHER ORDERED that the United States Attorney for the Western District of Michigan shall file an Answer or other pleading with respect to the motion to vacate, set aside, or correct sentence filed by the movant herein within sixty (60) days of the entry of this Order. The Answer shall comply with the requirements of Rule 5 of the Rules Governing Section 2255 Proceedings for the United States District Courts.
IT IS FURTHER ORDERED that the movant may submit a Reply no later than fourteen (14) days from the service of the Answer in accordance with Rule 5 of the Rules Governing Section 2255 Proceedings for the United States District Courts.
Date: February 24, 2010
/s/ Paul L. Maloney Paul L. Maloney Chief United States District Judge
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
