Fernandez-Gradis v. USA

Filing 12

ORDER re 11 MOTION to Amend/Correct 1 Motion to Vacate/Set Aside/Correct Sentence (2255), ORDERED that the Court will require the Government to submit a short brief in response to Petitioners motion to amend, specific ally addressing the additional claims Petitioner purports to raise. The Government shall file its supplemental response within 30 days of this Order. Signed by District Judge Robert J. Conrad, Jr on 09/14/2015. (Pro se litigant served by US Mail.)(jlk)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:14-cv-575-RJC (3:08-cr-134-RJC-DSC-6) ELVIN PASTOR FERNANDEZ-GRADIS, ) ) Petitioner, ) ) vs. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) __________________________________________) ORDER THIS MATTER is before the Court on its own motion following the filing of Petitioner’s Motion to Amend/Correct and Supplement Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence, pursuant to 28 U.S.C. § 2255. See (Doc. No. 11). Petitioner filed the motion to amend after the Government filed its Response to Petitioner’s original motion to vacate. Before the Court rules on the Government’s Response, the Court will require the Government to submit a short brief in response to Petitioner’s motion to amend, specifically addressing the additional claims Petitioner purports to raise. The Government shall file its supplemental response within 30 days of this Order. IT IS SO ORDERED. 1

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