Picardi v. United States of America
Filing
2
ORDER for service upon respondent; answer or responsive pleading due July 23, 2015. Signed by US Magistrate Judge Veronica L. Duffy on 6/23/2015. (CG)
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
EDWARD J.S. PICARDI, M.D.,
5:15-CV-5050-JLV
Movant,
vs.
ORDER
UNITED STATES OF AMERICA,
Respondent.
Movant, Edward J.S. Picardi, M.D., by and through his counsel John R.
Murphy, has filed a 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 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 23, 2015.
Dated this 23rd day of June, 2015.
BY THE COURT:
VERONICA L. DUFFY
United States Magistrate Judge
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