Jordan v. USA

Filing 13

ORDER denying as moot 10 Motion for Discovery and Production of Documents; denying 11 Motion for Reconsideration. Signed by District Judge Richard Voorhees on 2/6/2015. (Pro se litigant served by US Mail.)(cbb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:14-cv-90-RLV
(5:11-cr-11-RLV-DSC-1)
ADAM JOE LOUIS JORDAN, III,

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

ORDER

This matter is before the Court on Petitioner’s Motion for Discovery and Production of
Documents, (Doc. No. 10), and on Petitioner’s Motion for Reconsideration, (Doc. No. 11), of the
Court’s prior Order dismissing Petitioner’s 28 U.S.C. § 2255 Motion to Vacate, Set Aside, or
Correct Sentence.
Petitioner’s Motion for Reconsideration is denied, as his arguments on the motion are
without merit. Furthermore, the Court notes that Petitioner complains that he was not given an
opportunity to respond to the Government’s Response before the Court entered its order of
dismissal. Petitioners do not have the absolute right to file a Reply after the Government has
filed a Response to a § 2255 petition. In any event, the Court has considered Petitioner’s
arguments in his Reply to the Government’s Response filed on October 31, 2014, and has found
them to be without merit.
IT IS HEREBY ORDERED that Petitioner’s Motion for Reconsideration, (Doc. No.
11), is DENIED.
IT IS FURTHER ORDERED that Petitioner’s Motion for Discovery and Production of
1

Documents, (Doc. No. 10), is DENIED as moot.
Finally, the Court notes that Petitioner states in his motion that if the Court denies the
motion for reconsideration, he “seeks to give notice of appeal from the judgment entered on
October 30, 2014, and would like to make his traverse to the government’s response to his 2255
motion apart of the record.” (Doc. No. 11 at 3). If Petitioner wishes to appeal this Court’s
judgment of October 30, 2014, he must file a separate Notice of Appeal in accordance with Rule
4 of the Federal Rules of Appellate Procedure.

Signed: February 6, 2015

2