Clyburn v. USA

Filing 4

ROSEBORO ORDER that Petitioner shall have thirty (30) days from entrance of this Order to reply to the Governments Response.Signed by Chief Judge Frank D. Whitney on 11/28/2018. (Pro se litigant served by US Mail.)(ams)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:18-cv-00297-FDW (3:16-cr-00042-FDW-2) ROBERT DONEIL CLYBURN, JR., ) ) Petitioner, ) ) vs. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) __________________________________________) ORDER THIS MATTER is before the Court on its own motion following the filing of the Government’s Response to Petitioner’s pro se Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255. (Doc. No. 3.) In accordance with the principles articulated in Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the Court notifies Petitioner that he has a right to reply to the Government’s Response. Failure to reply may result in denial of Petitioner’s § 2255 Motion to Vacate without further notice. IT IS, THEREFORE, ORDERED that Petitioner shall have thirty (30) days from entrance of this Order to reply to the Government’s Response. Signed: November 28, 2018

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