Armstrong v. USA

Filing 5

ORDER ( Referencing document numbers in case 3:06-cr-73 : ) The order entered on April 21, 2017 (ECF No. 49 ) is vacated and the court will consider the merits of the petitioner/defendant's motion for voluntary dismissal (ECF No. 48 ) aft er the period for the United States to file any reply to the defendant's response to the motion to reconsider (ECF No. 53 ) has expired and the § 2255 petition (ECF No. 32 ) which is fully briefed. Signed by Judge Howard D. McKibben on 4/27/2017. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/27/2017)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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Respondent/Plaintiff, )
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vs.
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WILLIAM EDWARD ARMSTRONG,
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Petitioner/Defendant. )
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3:06-cr-00073-HDM-RAM
3:16-cv-00073-HDM
ORDER

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The court improvidently granted the petitioner/defendant’s motion

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for voluntary dismissal prior to the deadline for the government to

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file a response to the motion.

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April 21, 2017 (ECF No. 49) is vacated and the court will consider the

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merits of the petitioner/defendant’s motion for voluntary dismissal

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(ECF No. 48) after the period for the United States to file any reply

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to the defendant’s response to the motion to reconsider (ECF No. 53)

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has expired and the § 2255 petition (ECF No. 32) which is fully

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briefed.

Accordingly, the order entered on

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IT IS SO ORDERED.

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DATED: This 27th day of April, 2017.

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____________________________
UNITED STATES DISTRICT JUDGE

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