Jay v. United States of America

Filing 28

ORDER calling for surreply in 24 MOTION for Relief from Judgment and Motion for Certificate of Appealability filed by Douglas Jay; signed by Judge Marsha J. Pechman. (SC)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DOUGLAS JAY,

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CASE NO. C11-1851 MJP
Petitioner,

v.

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UNITED STATES OF AMERICA,

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ORDER RE: SURREPLY IN
MOTION FOR RELIEF FROM
JUDGMENT

Respondent.

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The Court requests a brief (not to exceed 6 pages) surreply from the Government to

17 Petitioner’s argument that his previous counsel’s ineffective assistance resulted in the assessment
18 of a community service payment in excess of what should rightfully have been imposed.
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Petitioner has adequately demonstrated that this issue was raised in his initial petition,

20 contrary to the Government’s position that it was raised for the first time in the motion for relief
21 from judgment. In light of that fact, the Court solicits the Government’s position on that portion
22 of Petitioner’s argument.
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The surreply shall be filed with the Court no later than August 31, 2012. No further

24 briefing shall be filed unless requested by the Court.
ORDER RE: SURREPLY IN MOTION FOR
RELIEF FROM JUDGMENT- 1

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The clerk is ordered to provide copies of this order to all counsel.

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Dated this 23rd day of August, 2012.

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A

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Marsha J. Pechman
United States District Judge

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ORDER RE: SURREPLY IN MOTION FOR
RELIEF FROM JUDGMENT- 2