McLaughlin v. USA

Filing 11

ORDER re 9 MOTION to Amend 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Government's Response to Motion 9 due by 10/17/2011.Signed by Chief Judge Robert J. Conrad, Jr on 9/28/11. (Pro se litigant served by US Mail.)(gpb)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
3:11cv197
(3:08cr147)

JOVAN M. McLAUGHLIN,

)
)
Petitioner,
)
)
v.
)
)
UNITED STATES OF AMERICA, )
Respondent.
)
______________________________)

ORDER

THIS MATTER is before the Court on Petitioner’s Motion to Amend. (Doc. No. 9).
Petitioner filed a Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct
Sentence in this Court on April 19, 2011. (Doc. No. 1). The Government filed a Motion for
Summary Judgment on July 26, 2011. (Doc. No. 5). Petitioner filed a response to the
Government Motion for Summary Judgment and a Motion to Amend on August 31, 2011. (Doc.
Nos. 7, 8 and 9). Petitioner seeks to amend his § 2255 motion to include claims raised in his
reply brief. (Doc. Nos. 8 and 9 ). The Government did not include a response to such claims in
the Motion for Summary Judgment as they were not included in Petitioner’s original Motion to
Vacate. Therefore, the Government shall file a response to Petitioner’s Motion to Amend within
fourteen (14) days of the date of this Order. The Government will be given additional time to
amend or re-file its Motion for Summary Judgment if appropriate.

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THEREFORE, IT IS HEREBY ORDERED that the Government shall file a response
to Petitioner’s Motion to Amend (Doc. No. 9) within fourteen (14) days of the date of this Order.

Signed: September 28, 2011

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