Larive v. United States of America
Filing
7
ORDER for service. Signed by US Magistrate Judge Veronica L. Duffy on 8/30/2016. (CG)
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
JAMES EUGENE LARIVE, JR.,
5:16-CV-05078-JLV
Plaintiff,
ORDER
vs.
UNITED STATES OF AMERICA,
Defendant.
Movant, James Eugene Larive, Jr., 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 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 September 30 2016.
DATED this 30th day of August, 2016.
BY THE COURT:
VERONICA L. DUFFY
United States Magistrate Judge
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