Morales-Garza v. United States of America

Filing 16

ORDER DIRECTING UNITED STATES TO RESPOND TO ISSUES RAISED BY PETITIONER. Signed by Judge J. Daniel Breen on 9/20/17. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
ROMAN MORALES-GARZA,
Petitioner,
v.

No. 1:16-cv-01024-JDB-egb
1:13-cr-10092-JDB

UNITED STATES OF AMERICA,
Respondent.
______________________________________________________________________________
ORDER DIRECTING UNITED STATES TO RESPOND TO ISSUES RAISED BY
PETITIONER
______________________________________________________________________________
In an order entered in this matter on October 19, 2016, the Court released Russell Larson,
trial counsel for the Petitioner, Roman Morales-Garza, from the attorney-client privilege to the
extent necessary to submit an affidavit and such other documentation as may be necessary for the
Government to respond to the motion to vacate, set aside, or correct sentence pursuant to 28
U.S.C. § 2255 (the "Petition"). (Docket Entry ("D.E.") 9.) The Court further directed the
Respondent to file its response to the Petition within twenty-eight days of the entry of the order.
On October 20, 2016, the United States moved for an extension of time, to twenty-eight days
after its receipt of Larson's affidavit, in which to file its response. (D.E. 11.) The motion was
granted on October 25, 2016.1 (D.E. 12.) In addition to the Petition, there is pending in
Morales-Garza's criminal case, No 1:13-cv-10092-JDB, a pro se motion for relief under Johnson
v. United States, 135 S. Ct. 2551 (2015). (Case No. 1:13-cr-10092-JDB, D.E. 608.)

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To date, almost a year later, the Government has failed to file a response, despite more
than one inquiry by the Court concerning Respondent's receipt of the affidavit and efforts to
secure same in an attempt to move this matter forward.

The Government is DIRECTED to respond to the Petition and the Johnson motion within
fourteen days of the entry of this order. It is admonished that failure to timely comply with this
order may result in the Court's grant of habeas relief and/or imposition of sanctions.
IT IS SO ORDERED this 20th day of September 2017.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE

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