Arthur v. USA

Filing 6

ORDER that the Govt. shall file an answer or response to Petitioner's 5 Supplemental Motion to Vacate within 45 days from entry of this Order. Responses due by 8/21/2014. Signed by District Judge Martin Reidinger on 7/2/14. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
Civil Case No. 1:14-cv-00014-MR
[Criminal Case No. 1:09-cr-00051-MR-1]

JEFFREY ALAN ARTHUR,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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ORDER

THIS MATTER is before the Court on consideration of the
supplemental § 2255 motion to vacate Petitioner’s sentence, which was
filed by Attorney Ann Hester of the Federal Defenders of Western North
Carolina [Doc. 5].
After examining the supplemental motion for relief, which is based on
the Fourth Circuit’s en banc decision in United States v. Simmons, 649
F.3d 237 (2011), the Court finds that the Government should file an answer
or response addressing the claims for relief presented by Petitioner’s
counsel. See Rule 4(b) of the Rules Governing Section 2255 Proceedings.

IT IS, THEREFORE, ORDERED that the Government shall file an
answer or response to Petitioner’s supplemental motion to vacate within
forty-five (45) days from entry of this Order.
IT IS SO ORDERED.
Signed: July 2, 2014

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