Blaine v. United States of America

Filing 5

ORDER granting 2 Motion for Leave to Proceed in forma pauperis and ordering service upon respondents. Signed by US Magistrate Judge Veronica L. Duffy on 10/3/2017. (CG)

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION JOSHUA JAY BLAINE, 4:17-CV-04138-KES Movant, ORDER vs. UNITED STATES OF AMERICA, Respondent. Movant, Joshua Jay Blaine, has filed a pro se 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 ORDERED that: 1. Mr. Blaine’s motion to proceed in forma pauperis (Docket 2) is granted. 2. The Clerk of Court will deliver or serve a copy of the motion on the United States Attorney for the District of South Dakota. 3. 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 November 3, 2017. DATED this 3rd day of October, 2017. BY THE COURT: VERONICA L. DUFFY United States Magistrate Judge

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