Edwards v. United States of America

Filing 7

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that respondent's request for leave to file an affidavit is granted, and by December 29, 2009 respondent shall file the affidavit of counsel and a supplemental response to the July 14, 2008 Show Cause Or der addressing the affidavit and Gound 3 of movant's motion. IT IS FURTHER ORDERED that movant will be granted thirty days to file a supplemental traverse in support of his motion to address counsel's affidavit and any additional arguments raised by respondent. Response to Court due by 12/29/2009.Signed by Honorable Catherine D. Perry on December 9, 2009. (MCB)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION GEORGE H. EDWARDS, JR., Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) )

Case No. 4:08CV949 CDP

MEMORANDUM AND ORDER On August 4, 2008, respondent filed a motion to dismiss movant's motion to vacate, set aside, or correct sentence. In that motion, respondent requested leave to file an affidavit of movant's counsel. Respondent, however, failed to file the affidavit or respond substantively to Ground 3 of the motion. Accordingly, IT IS HEREBY ORDERED that respondent's request for leave to file an affidavit is granted, and by December 29, 2009 respondent shall file the affidavit of counsel and a supplemental response to the July 14, 2008 Show Cause Order addressing the affidavit and Ground 3 of movant's motion. IT IS FURTHER ORDERED that movant will be granted thirty days to file a supplemental traverse in support of his motion to address counsel's affidavit and any additional arguments raised by respondent.

CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE Dated this 9th day of December, 2009.