Thompson v. United States of America
Filing
6
ORDER granting 3 Motion for Leave to Proceed in forma pauperis and directing service upon respondent. Signed by US Magistrate Judge Veronica L. Duffy on 6/6/2018. (CG)
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
JAMES JOSEPH THOMPSON,
4:18-CV-04063-KES
Movant,
vs.
ORDER FOR SERVICE
UNITED STATES OF AMERICA,
Respondent.
Movant, James Joseph Thompson, has filed a pro se motion to vacate, set
aside, or correct his sentence 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 Mr. Thompson’s motion to proceed in forma pauperis [Docket
No. 3] is granted 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.
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 July 6, 2018.
DATED this 6th day of June, 2018.
BY THE COURT:
VERONICA L. DUFFY
United States Magistrate Judge
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