Wilson v. United States of America
ORDER granting 6 Motion for Leave to Proceed in forma pauperis; granting in part 2 Motion for copies and transcripts and ordering service upon the respondent. Signed by US Magistrate Judge Veronica L. Duffy on 5/9/2017. (CG)
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
ORDER FOR SERVICE
UNITED STATES OF AMERICA,
Movant, Elijah Wilson, has filed a motion 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
Movant’s motion to proceed in forma pauperis (Doc. 6) is granted.
Movant’s motion for copies and transcripts (Doc. 2) is granted in
part as follows: The clerk of court shall send Mr. Wilson copies of the
indictment, plea documents and transcripts of the change of plea and
The Clerk of Court will deliver or serve a copy of the motion on the
United States Attorney for the District of South Dakota.
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 June 9, 2017.
DATED this 9th day of May, 2017.
BY THE COURT:
VERONICA L. DUFFY
United States Magistrate Judge
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