Boland v. USA

Filing 5

ORDER directing Petition to respond re 4 MOTION to Dismiss 2255 Petition, ( Responses due by 7/24/2013). Signed by District Judge Robert J. Conrad, Jr on 7/3/13. (Pro se litigant served by US Mail.)(mga)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:11-cv-185-RJC (3:07-cr-261-RJC-1) DAVID EDWARD BOLAND, ) ) Petitioner, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________) ORDER THIS MATTER is before the Court on its own motion following the Government’s filing of a motion to dismiss Petitioner’s motion filed pursuant to 28 U.S.C. § 2255. Petitioner is notified that he is entitled to file a response addressing the arguments made by the Government in its motion to dismiss. (Doc. No. 4). IT IS, THEREFORE, ORDERED that Petitioner may file a response to the Government’s motion to dismiss his § 2255 motion. Petitioner is notified that should he fail to file a response, the Court may enter an order granting the motion to dismiss with prejudice and without further notice. IT IS FURTHER ORDERED that Petitioner shall have three (3) weeks from entry of this Order to file a response to the arguments raised in Respondent’s motion to dismiss. (Doc. No. 4). Signed: July 3, 2013

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