Dorsey v. United States of America

Filing 81

ORDER Requesting Response and Re-Noting Petitioner's 77 MOTION for Certificate of Appealability. Response from Government now due by 4/4/2022. Petitioner may now reply by 4/8/2022. The motion is re-noted for 4/8/2022. Signed by Judge Robert S. Lasnik. (LH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DEVAUGHN DORSEY,
Petitioner,

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v.

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UNITED STATES OF AMERICA,

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Case No. C14-938-RSL
ORDER REQUESTING
RESPONSE AND
RENOTING PETITIONER’S
MOTION

Respondent.

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This matter comes before the Court on petitioner Devaughn Dorsey’s “Motion for

16 Certificate of Appealability.” (Dkt. # 77). On November 12, 2021, the Court entered an Order
17 denying petitioner’s Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C.
18 § 2255 (Dkt. # 75) (the “Habeas Order”). The Habeas Order also addressed petitioner’s
19 numerous motions to amend his § 2255 motion and other related motions for relief. See Dkt.
20 # 75 at 29. However, the Habeas Order was silent on petitioner’s entitlement to a certificate of
21 appealability. See generally id.
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The Court may direct the parties to submit arguments on whether a certificate of

23 appealability should issue. Rules Governing Section 2255 Proceedings, Rule 11(a); see also
24 Local Rules W.D. Wash. LCR 100(a). The Court requests a response from the government,
25 which may be filed no later than April 4, 2022. Petitioner may file a reply no later than April 8,
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ORDER REQUESTING RESPONSE AND
RENOTING PETITIONER’S MOTION - 1

1 2022. The Clerk of Court is directed to renote petitioner’s Motion for Certificate of
2 Appealability (Dkt. # 77) to April 8, 2022.
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DATED this 18th day of March, 2022.

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Robert S. Lasnik

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United States District Judge

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ORDER REQUESTING RESPONSE AND
RENOTING PETITIONER’S MOTION - 2