Tillisy v. United States of America

Filing 7

MINUTE ORDER directing parties to file briefs on or before November 10, 2017. Authorized by Judge Thomas S. Zilly. (cc: Petitioner also at Monroe CC via USPS) **1 PAGE(S), PRINT ALL**(Muhammed Tillisy, Prisoner ID: 870270)(SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MUHAMMED TILLISY,
Petitioner,
C17-437 TSZ

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[related to CR09-269 MJP]

v.
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UNITED STATES OF AMERICA,

MINUTE ORDER

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Respondent.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
(1)
On or before November 10, 2017, the parties shall file briefs, not to exceed
ten (10) pages in length, addressing the following issues: (i) whether the Court has
jurisdiction to consider petitioner’s motion under 28 U.S.C. § 2255 given that petitioner
is currently in the custody of the Washington State Department of Corrections and is not
presently serving the sentence being challenged; see 28 U.S.C. § 2255; Heflin v. United
States, 358 U.S. 415 (1959); Miller v. United States, 256 F.2d 501 (9th Cir. 1958); see
also Rule 1(b) of the Rules Governing § 2255 Proceedings; (ii) whether petitioner’s
§ 2255 motion is time barred; (iii) whether the motion constitutes a second or successive
motion; and (iv) whether petitioner waived his right to bring a § 2255 motion, as
indicated in the Order entered April 12, 2011, docket no. 152 in CR09-269 MJP.

(2)
The Clerk is directed to send a copy of this Minute Order to all counsel of
18 record and to petitioner pro se, DOC No. 870270, at both Washington State Penitentiary
in Walla Walla, WA (as reflected in the docket) and Monroe Correctional Complex-TRU,
19 at P.O. Box 888, Monroe, WA 98272.
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Dated this 20th day of September, 2017.
William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 1