Blue Thunder v. United States of America

Filing 3

SERVICE ORDER. Signed by U.S. District Judge Roberto A. Lange on 8/24/18. (JLS)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION

VERNA BLUE THUNDER,

3:18-CV-03009-RAL

Petitioner,
ORDER

vs.

UNITED STATES OF AMERICA,

Respondent.

Petitioner Vema Blue Thunder filed a pro se motion under 28 U.S.C. § 2255 to vacate, set
aside, or correct sentence. Doc I. Blue Thunder is currently incarcerated at the Federal Correctional
Institute in Waseca, Minnesota.

On August 14,2017, Blue Thunder pleaded guilty, pursuant to aplea agreement,to two counts
of child abuse and aiding and abetting. United States v. Blue Thunder, I6-CR-30114-RAL. This
Court, in November of 2017,sentenced Blue Thunder to concurrent sentences of90 months on those

crimes. Id. at Doc. 150. The Court has reviewed Blue Thunder's § 2255 motion and cannot conclude
at this time that '"the files and records ofthe case conclusively show that the prisoner is entitled to no

relief under 28 U.S.C. § 2255(b). Therefore, it is hereby
ORDERED that service of the § 2255 motion be made on the United States Attorney for the

District of South Dakota under 28 U.S.C. § 2255(b)and that an answer or other responsive pleading
be filed within sixty days of service.
DATED this August

,2018.
BY THE COURT:

ROBERTO A. LANGI

UNITED STATES DISTRICT JUDGE