Gonzalez v. USA

Filing 8

ORDER re 1 Motion to Vacate Sentence - 2255. The court orders the United States Attorney to file an answer by December 18, 2012 or a motion to dismiss in lieu of a response shall be filed by November 19, 2012. So Ordered by Magistrate Judge Margaret J. Kravchuk.(ko)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

CIRINO GONZALEZ,
Petitioner
v.
UNITED STATES OF AMERICA,
Respondent

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ORDER TO ANSWER
The Petitioner filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct the
sentence ordered by the court in its judgment entered on October 3, 2008, in United States v.
Cirino Gonzalez, 07-cr-189-03-GZS. The court has reviewed the motion.
The court orders the United States Attorney to file an answer by December 18, 2012,
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 by November 19, 2012.
SO ORDERED.
October 17, 2012

Cc: Cirino Gonzalez

/s/ Margaret J. Kravchuk
U.S. Magistrate Judge
Sitting by Designation