JONES v. UNITED STATES OF AMERICA
MEMORANDUM AND ORDER directing the United States to file and serve an answer to the 2255 motion within 45 days, etc.; ORDERED that Petitioner may file and serve a reply to the answer 45 days after the answer is filed, etc. Signed by Judge Robert B. Kugler on 5/11/2017. (dmr)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civ. No. 16-3834 (RBK)
MEMORANDUM AND ORDER
UNITED STATES OF AMERICA,
Petitioner has filed a pro se motion to vacate, set aside or correct his sentence pursuant to
28 U.S.C. § 2255. This Court provided petitioner with the required Miller notice. Petitioner did
not respond to the Miller notice such that this Court will proceed with his § 2255 motion “as-is.”
In accordance with Rule 4(b) of the Rules Governing Section 2255 Proceedings, see 28
U.S.C. § 2255 Rule 4(b), the Court has screened the motion for dismissal and determined that
dismissal without an answer and a reply is not warranted.
Accordingly, IT IS this 11th day of May, 2017,
ORDERED that within forty-five (45) days of the date of the entry of this Order, the
United States shall electronically file and serve an answer to the § 2255 motion (Dkt. No. 1); and
it is further
ORDERED that the answer shall respond to the allegations and grounds of the motion
and shall adhere to Rule 5 of the Rules Governing Section 2255 Proceedings; and it is further
ORDERED that the answer shall address the merits of each claim raised in the motion as
well as whether the motion is timely; and it is further
ORDERED that the answer shall contain an index of exhibits; and it is further
ORDERED that if the answer refers to briefs or transcripts, orders, and other documents
from prior proceedings, then the United States shall serve and file them with the answer; and it is
ORDERED that petitioner may serve and file a reply to the answer within forty-five (45)
days after the answer is filed; and it is further
ORDERED that the Clerk shall serve this Order on petitioner by regular U.S. mail.
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge
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