Riley v. USA

Filing 6

ORDER: The US Attorney is ordered to file an answer within 60 days or file a motion within 30 days, from the date of this order, re 1 Motion to Vacate Sentence - 2255. So Ordered by Magistrate Judge Margaret J. Kravchuk.(ko)

UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Jason Riley,
Petitioner
v.

Civil No. 12-cv-47-GZS

United States of America,
Respondent

O R D E R

The Petitioner filed a motion under 28 U.S.C. § 2255 to
vacate, set aside, or correct the sentence ordered by the court
following the petitioner’s sentencing held on October 29, 2008,
in United States v. Daniel Riley, 07-cr-189-01-GZS.

The court

has reviewed the motion.

The court orders the United States Attorney to file an
answer within sixty (60) days of the date of this order, which
answer shall provide a detailed response, with appropriate
references to the record when necessary, to each claim asserted
by the movant.

In the event that the United States Attorney contends that
the motion is not timely filed under the limitations provided for

in 28 U.S.C. § 2255 or that it is a second or successive motion,
a motion to dismiss in lieu of a response shall be filed within
thirty (30) days of the date of this order.

SO ORDERED.

/S/ Margaret J. Kravchuk
Margaret J. Kravchuk
United States Magistrate Judge
Sitting By Designation

Date:
cc:

February 23,2012

Daniel Riley

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