Johnson v. USA

Filing 5

60-Day ORDER that no later than 60 days the U. S. Attorney shall file an Answer or other responsive pleading to 1 Petitioner's 2255 Motion. Government's responses due by 5/26/2015. Signed by District Judge Richard Voorhees on 3/25/15. (Pro se litigant served by US Mail.)(smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:15-cv-6-RLV
(5:11-cr-73-RLV-DCK-2)
JOHN SANFORD JOHNSON,

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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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______________________________________ )

60-DAY ORDER

THIS MATTER is before the Court on Petitioner’s Motion under 28, United States
Code, Section 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal
Custody, (Doc. No. 1).
The Court has conducted an initial screening of the petition under the Rules
Governing § 2255 Proceedings, Rule 4(b) 28 U.S.C.A. foll. § 2255, and finds: (1) the
petition has been signed under penalty of perjury, Rule 2(b)(5), 28 U.S.C.A. foll. § 2255;
(2) that Petitioner has provided indicia that the petition was timely filed, see § 2255(f); and
(3) Petitioner has asserted a colorable claim for relief cognizable under § 2255(a). Upon
consideration of the motion and the record of prior proceedings, the Court determines that
the United States Attorney should file a response to Petitioner’s allegations. Id.
The Court will direct that the United States file an Answer or other responsive
pleading to the Section 2255 motion to vacate within sixty (60) days.

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IT IS, THEREFORE, ORDERED that no later than sixty (60) days, the United
States Attorney shall file an Answer or other responsive pleading to Petitioner’s Motion to
Vacate, Set Aside, or Correct Sentence, detailing and responding to Petitioner’s allegations.

Signed: March 25, 2015

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