Perko v. USA

Filing 8

OPINION AND ORDER Signed by U.S. District Judge Charles B. Kornmann on 03/29/2018. (SAC)

UNITED STATES DISTRICT COURT

30 201&

DISTRICT OF SOUTH DAKOTA
NORTHERN DIVISION

1:18-CV-01003-CBK

JOHN WILLIAM PERKO,JR.,
Petitioner,

OPINION AND OKDER
vs.

UNITED STATES OF AMERICA,

Respondent.

Petitioner pleaded guilty to incest and was sentenced to 36 months custody. He
filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255

contending, inter alia, that counsel was ineffective in failing to file a notice of appeal as
directed. I conducted an initial consideration of the motion pursuant to Rule 4 of the

Rules Governing Section 2255 Cases in the United States District Courts. I set forth the

possible consequences of petitioner proceeding with his petition and directed petitioner to
notify the Court whether he wished to proceed. Petitioner has notified the Court that he
indeed does wish to proceed. Accordingly,
IT IS ORDERED that the Clerk of Court will deliver or serve a copy of the motion

on the United States Attorney for the District of South Dakota.
IT IS FURTHER ORDERED that the United States Attorney for the District of
South Dakota shall serve and file an answer or responsive pleading to the motion,

together with a legal brief or memorandum in support thereof, on or before May 1, 2018.
DATED this

of March, 2018.

BY THE COURT:

CHARLES B. KORNMANN

United States District Judge