Barnette v. USA

Filing 53

ORDER vacating 52 Order requiring the Government to respond to Petitioners Motion to Vacate; Government shall have up to and including 8/19/2013 to respond to Petitioner's discovery request; Petitioner shall have thirty (30) days to file a motion for evidentiary hearing and brief in support; Government shall have sixty (60) days to file a motion, brief, answer, or other responsive pleading; Petitioner shall have forty-five (45) days to reply. Signed by District Judge Richard Voorhees on 8/9/2013. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:12cv327-V
(3:97cr23)
AQUILIA MARCIVICCI BARNETTE,

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

SCHEDUELING ORDER

THIS MATTER is before the Court on its own motion. Petitioner Aquilia Marcivicci
Barnette filed a Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255
on June 19, 2013. ECF No. 48. On July 19, 2013, Petitioner filed a Motion for Discovery. ECF
No. 51.
As required by Rule 4, the Court has conducted an initial review of the Motion, and it
does not “plainly appear” that Petitioner is not entitled to relief. See Rules Governing § 2255
Proceedings in the United States District Courts. The parties have agreed upon a preliminary
litigation schedule (ECF No. 48 5 n.2), which the Court adopts herein.
IT IS, THEREFORE, ORDERED that:
1. The Order of July 30, 2013, requiring the Government to respond to Petitioner’s
Motion to Vacate (ECF No. 52) is VACATED;
2. The Government shall have upto and including August 19, 2013 to respond to
Petitioner’s discovery request;
3. After discovery issues are resolved, Petitioner shall have thirty (30) days to file a
motion for evidentiary hearing and brief in support;
4. Thereafter, the Government shall have sixty (60) days to file a motion, brief,
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answer, or other responsive pleading; and
5. Petitioner shall have forty-five (45) days to reply.
IT IS SO ORDERED.
Signed: August 9, 2013

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