Weibel v. United States of America

Filing 5

ORDER for service; government's response due October 18, 2017. Signed by US Magistrate Judge Veronica L. Duffy on 9/18/2017. (CG)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
NATHANIEL JOHNROSS WEIBEL,

5:17-CV-05072-JLV

Movant,
ORDER FOR SERVICE
vs.
UNITED STATES OF AMERICA,
Respondent.
Movant, Nathanial Johnross Weibel, has filed a 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.

The Clerk of Court will deliver or serve a copy of the motion on the

United States Attorney for the District of South Dakota.
2.

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 October 18, 2017.
DATED this 18th day of September, 2017.
BY THE COURT:

VERONICA L. DUFFY
United States Magistrate Judge