Williams v. United States of America

Filing 7

ORDER that Petitioner resubmit 2255 motion within 30 days as directed herein; granting 6 MOTION for Leave to File, Govt to file response to Petitioners Motion with 50 days of this order, ( Responses due by 12/17/2012). Signed by District Judge Martin Reidinger on 10/26/12. (Pro se litigant served by US Mail.)(bsw)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-254-MR
[CRIMINAL CASE NO. 4:98-cr-144-MR-1]

LLOYD A. WILLIAMS,

)
)
Petitioner,
)
)
vs.
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)
UNITED STATES OF AMERICA,
)
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Respondent.
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________________________________ )

ORDER

THIS MATTER is before the Court on Petitioner’s Motion under 28,
United States Code, Section 2255 to Vacate, Set Aside, or Correct Sentence
by a Person in Federal Custody, [Doc. 1], or alternatively, a Motion for Writ of
Error Coram Nobis under 28 U.S.C. § 1651; and on Petitioner’s Motion to
Amend. [Doc. 6].
First, to the extent that this Court treats the instant motion as one arising
under 28 U.S.C. § 2255, the Court has conducted an initial screening of the
petition under the Rules Governing § 2255 Proceedings, Rule 4(b) 28
U.S.C.A. foll. § 2255, and finds that: (1) the petition has not been signed
under penalty of perjury, Rule 2(b)(5), 28 U.S.C.A. foll. § 2255; (2) the § 2255
motion was not timely filed; and (3) Petitioner has asserted a colorable claim

for relief cognizable under § 2255(a). Upon consideration of the motion and
the record of prior proceedings, the Court determines that the United States
Attorney should file a response to Petitioner’s allegations. The Court will
direct that the United States file an Answer or other responsive pleading in
this case within fifty (50) days. Furthermore, the Court will give Petitioner
thirty (30) days in which to resubmit the § 2255 petition, accompanied by his
signature made under penalty of perjury.
IT IS, THEREFORE, ORDERED that:
1.

No later than thirty (30) days from the entry of this Order
Petitioner shall resubmit the § 2255 petition, accompanied by his
signature made under penalty of perjury. If Petitioner fails to
resubmit the § 2255 petition signed under penalty of perjury, the
Court will treat the motion as one made solely pursuant to 28
U.S.C. § 1651.

2.

No later than fifty (50) days from the entry of this Order the
United States Attorney shall file an Answer or other responsive
pleading to Petitioner’s Motion, as well as the additional
arguments made in the Motion to Amend [Doc. 6].

3.

The Court GRANTS Petitioner’s Motion for Leave to Amend, [Doc.

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6], in which Petitioner presents additional arguments in light of the
Fourth Circuit’s recent decision in United States v. Powell, 691
F.3d 554 (4th Cir. 2012). The arguments made in the motion will
be deemed to be incorporated into Petitioner’s original motion.
IT IS SO ORDERED.
Signed: October 26, 2012

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