Caldwell v. USA

Filing 10

ORDER that petitioner shall have until 11/13/12 to file a response to re 8 Respondent's MOTION to Dismiss Petitioner's 28 U.S.C. Section 2255 Motion. Petitioner's responses due by 11/13/2012. Signed by District Judge Richard Voorhees on 10/23/12. (smj)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:11-cv-81-RLV
(5:05-cr-235-DCK-5)
GILBERT GARRILLE CALDWELL,

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

This matter is before the Court on its own motion regarding Respondent’s Motion to
Dismiss, (Doc. No. 8).
In accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the Court advises
Petitioner, who is proceeding pro se, that Petitioner has the right to respond to Respondent’s
motion. The Court also advises Petitioner that failure to respond may result in Respondent being
granted the relief it seeks–that is, dismissal of the Complaint with prejudice.
IT IS THEREFORE ORDERED that Petitioner shall have until November 13, 2012, to
file a response to Respondent’s motion to dismiss.

Signed: October 23, 2012