Chavez-Cruz v. United States of America
Filing
2
ORDER for service; response due December 8, 2016. Signed by US Magistrate Judge Veronica L. Duffy on 11/7/2016. (CG)
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
ESTEBAN CHAVEZ-CRUZ,
4:16-CV-04157-KES
Movant,
ORDER
vs.
UNITED STATES OF AMERICA,
Respondent.
Movant, Esteban Chavez-Cruz, has filed a pro se motion for sentence reduction
pursuant to 28 U.S.C. § 2255. From a reading of the motion, the court cannot
determine that “it plainly appears from the face of the petition . . . that the petitioner is
not entitled to relief in the district court” warranting summary dismissal pursuant to
Rule 4 of the Rules Governing Section 2255 Cases in the United States District Court.
Therefore, 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 will serve and file an answer or responsive pleading to the motion,
together with a legal brief or memorandum, on or before December 8, 2016.
DATED this 7th day of November, 2016.
BY THE COURT:
VERONICA L. DUFFY
United States Magistrate Judge
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