Lottman v. United States of America

Filing 6

ORDER directing service upon respondent. Signed by US Magistrate Judge Veronica L. Duffy on 2/17/2021. (CG) Modified on 2/17/2021 delivered to Jacob Francis Lottman via usps (SLT).

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Case 4:21-cv-04026-KES Document 6 Filed 02/17/21 Page 1 of 1 PageID #: 17 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION JACOB FRANCIS LOTTMAN, 4:21-CV-04026-KES Movant, vs. ORDER TO SERVE UNITED STATES OF AMERICA, Respondent. Movant Jacob Francis Lottman, 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: 1. The Clerk of Court will deliver or serve a copy of Docket Nos. 1, 2 and 4 and this order on the United States Attorney for the District of South Dakota (DSD). 2. The United States Attorney for the DSD will serve and file an answer or responsive pleading to the motion, together with a legal brief or memorandum, on or before March 17, 2021. DATED this 17th day of February, 2021. BY THE COURT: VERONICA L. DUFFY United States Magistrate Judge

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