Mayfield v. USA

Filing 12

ORDER directing petr to respond to the Govt's Motion to Dismiss within 30 days. Set/Reset Deadlines as to 11 MOTION to Dismiss Petitioner's Motion to Vacate Under 28 U.S.C. Section 2255.(Responses due by 10/25/2013). Signed by District Judge Richard Voorhees on 9/25/2013. (cbb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:12-CV-00095-RLV
(5:09-CR-00041-RLV-DCK)

ELBERT MAURICE MAYFIELD,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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ORDER

THIS MATTER is before the Court on its own motion following the filing of
Respondent’ Motion to Dismiss on September 12, 2013. (Doc. No. 11)
In accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the Court advises
Petitioner, who is proceeding pro se that he as a right to respond to Respondent’s Motion. The
Court also advises Petitioner that failure to respond may result in dismissal of the Complaint.
IT IS, THEREFORE, ORDERED that:
1. Petitioner shall respond to the pending Motion to Dismiss, (Doc. No. 11), no later
than thirty (30) days from entry of the Order. Failure to file a timely and persuasive
response may lead to the dismissal of this lawsuit.
2. The Clerk of Court is directed to send a copy of this Order to the pro se Petitioner by
certified U.S. mail.

Signed: September 25, 2013