Armstead v. United States of America

Filing 13

ORDER granting respondent's 10 Motion to Continue; and granting petitioner's 12 Motion to Amend. The deadline for respondent's answer is 12/15/11. A COPY OF THIS ORDER HAS BEEN MAILED TO PETITIONER TODAY. Signed by Hon. Mary Alice Theiler.(GB)

01
02
03
04
05
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

06
07

08 WARREN ERIC ARMSTEAD,
09
10
11
12

)
)
Petitioner,
)
)
v.
)
)
UNITED STATES OF AMERICA,
)
)
Respondent.
)
____________________________________ )

CASE NO.

C11-1352-JLR-MAT
(CR04-512-MJP)

ORDER GRANTING PETITIONER’S
MOTION TO AMEND AND THE
GOVERNMENT’S MOTION FOR
EXTENSION OF TIME

13
14

This is a matter brought pursuant to 28 U.S.C. § 2255. Currently pending before the

15 Court are petitioner’s motion to amend his § 2255 motion to add new grounds for relief, and the
16 government’s motion for an extension of time to file an answer to petitioner’s § 2255 motion.
17 The Court, having reviewed the pending motions, and the balance of the record, does hereby
18 find and ORDER as follows:
19

(1)

Petitioner's motion to amend his petition to add new grounds for relief (Dkt. No.

20 12) is GRANTED. Petitioner is advised that no further amendments will be permitted.
21

(2)

The government’s unopposed motion for an extension of time to file an answer

22 to petitioner’s § 2255 motion (Dkt. No. 10) is GRANTED. The government is directed to file
ORDER GRANTING PETITIONER’S MOTION
TO AMEND AND THE GOVERNMENT’S MOTION
FOR EXTENSION OF TIME
PAGE -1

01 and serve an answer responding to the claims asserted by petitioner in his original § 2255
02 motion, and to those asserted in his motion to amend, not later than December 15, 2011. The
03 government is reminded that the answer will be treated in accordance with Local Rule CR 7
04 and, thus, should be noted on the Court’s calendar for consideration on the fourth Friday after it
05 is filed.
06

(3)

The Clerk shall direct copies of this Order to petitioner, to counsel for the

07 government, and to the Honorable James L. Robart.
08
09
10
11

DATED this 4th day of October, 2011.

A

Mary Alice Theiler
United States Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
ORDER GRANTING PETITIONER’S MOTION
TO AMEND AND THE GOVERNMENT’S MOTION
FOR EXTENSION OF TIME
PAGE -2