Hodges v. United States of America

Filing 13

ORDER REGARDING SUPPLEMENTAL AUTHORITY by Judge James L. Robart. The court will defer ruling on Mr. Hodges's petition until after it has reviewed Mr. Hodge's supplemental memorandum which is limited to 10 pages. Government's supplemental memorandum, if any, is due 3/15/2017. Clerk directed to re-note Mr. Hodge's petition 1 , 8 to 3/15/2017. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MELVIN HODGES, JR.,
Petitioner,

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v.

CASE NO. C16-1521JLR
ORDER REGARDING
SUPPLEMENTAL AUTHORITY

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UNITED STATES OF AMERICA,
Respondent.

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On March 8, 2017, Respondent United States of America (“the Government”)

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filed a notice of supplemental authority concerning the Supreme Court’s decision in

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Beckles v. United States, --- U.S. ---, 2017 WL 855781 (Mar. 6, 2017). (Notice (Dkt.

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# 11).) The Government argues that “Beckles requires [Mr.] Hodges’s motion be

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denied.” (Id. at 2.) Mr. Hodges filed a response to the Government’s notice in which he

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asks the court to defer ruling on his 28 U.S.C. § 2255 petition (Mot. (Dkt. # 1)) until after

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he files a supplemental memorandum as to why the Supreme Court’s decision in Beckles

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ORDER - 1

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does not control the outcome of his petition (Resp. (Dkt. # 12) at 1). Mr. Hodges

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commits to filing his supplemental memorandum by March 15, 2017. (See id.)

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The court will defer ruling on Mr. Hodges’s petition until after it has reviewed Mr.

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Hodge’s supplemental memorandum. The court ORDERS Mr. Hodges to limit his

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supplemental memorandum to 10 pages. In addition, the Government may, but is not

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required to, file a supplemental memorandum of no more than 10 pages responding to the

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same issue. If the Government files a supplemental memorandum, it shall do so no later

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than March 15, 2017. Finally, the court DIRECTS the Clerk to re-note Mr. Hodges’s

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petition (see Dkt. ## 1, 8) to March 15, 2017.

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Dated this 13th day of March, 2017.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2