Smith v. United States of America

Filing 10

ORDER DIRECTING UNITED STATES TO RESPOND AND DENYING 9 MOTION TO EXPEDITE. Signed by Judge J. Daniel Breen on 4/10/18. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
TEDDRICK LAMAR SMITH,
Petitioner,
v.

No. 1:15-cv-01097-JDB-egb
No. 1:12-cr-10040-JDB-14

UNITED STATES OF AMERICA,
Respondent.

ORDER DIRECTING UNITED STATES TO RESPOND AND
DENYING MOTION TO EXPEDITE

On April 27, 2015, Petitioner, Teddrick Lamar Smith, filed a pro se motion to vacate, set
aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (“Petition”). (Case Number 15-cv01097, Docket Entry (“D.E.”) 1.)1 He later filed an amendment to the Petition to add a claim
under Johnson v. United States, 135 S. Ct. 2551 (2015), (D.E. 4), and also submitted a
supplement to the Johnson claim, (D.E. 7; D.E. 6).2
Respondent, United States of America, is ORDERED to file a response to the Petition, as
supplemented, within twenty-eight days from the date of this order.

See Rules Governing

Section 2255 Proceedings for the United States District Courts (“Habeas Rules”), Rule 5(a).
Smith may, if he chooses, submit a reply to Respondent’s answer or response within
twenty-eight days of service. See Habeas Rule 5(d). Petitioner may request an extension of time
to reply by filing a motion on or before the due date of his reply.

1

2

Hereinafter, all citations will reference civil case number 15-cv-01097.

Petitioner also submitted a motion to expedite this § 2255 proceeding, which is DENIED
as moot. (D.E. 9.)

IT IS SO ORDERED this 10th day of April 2018.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE

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