Apalategui v. United States of America

Filing 2

ORDER TO ANSWER by Magistrate Judge Kevin R. Sweazea. (sls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CHRISTOPHER A. APALATEGUI, Petitioner, v. No. 2:17-cv-00755 RB-KRS 2:12-cr-02903 RB UNITED STATES OF AMERICA, Respondent. ORDER TO ANSWER Before the Court is Petitioner’s Amended Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 [CV Doc. 1; CR Doc. 59]. This is Mr. Apalategui’s second § 2255 habeas corpus petition. By an order entered July 14, 2017, the Tenth Circuit Court of Appeals granted him authorization to file a second § 2255 motion to raise a claim based on Johnson v. United States, 135 S. Ct. 2551 (2015) [CR Doc. 60]. Having reviewed the motion sua sponte under Habeas Corpus Rule 4, the Court determines it survives screening and will direct the United States to respond. It is therefore ORDERED that the Clerk is directed to forward copies of this Order and the amended motion [CV Doc. 1; CR Doc. 59] to the Respondent; It is further ORDERED that the Respondent must answer the motion within twenty-three (23) days of entry of this Order. ___________________________________ UNITED STATES MAGISTRATE JUDGE

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