Stewart v. United States of America

Filing 4

ORDER FOR SERVICE AND ANSWER, § 2255 MOTION by U.S. District Judge John C Coughenour. (RS) cc petitioner

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GLEN THOMAS STEWART,

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Petitioner,
v.

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CASE NO. C17-0916-JCC
ORDER FOR SERVICE AND
ANSWER, § 2255 MOTION

UNITED STATES OF AMERICA,

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Respondent.

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This matter comes before the Court on Petitioner Glen Thomas Stewart’s motion under

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28 U.S.C. § 2255 to vacate, set aside, or correct his sentence (Dkt. No. 1). The Court, having

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reviewed Petitioner’s motion, hereby ORDERS that:

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(1)

If not previously accomplished, electronic posting of this order and petition

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shall effect service upon the United States Attorney of copies of the 2255 motion and of all

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documents in support thereof.

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(2)

Within forty-five days after such service, the United States shall file and serve an

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Answer in accordance with Rule 5 of the Rules Governing Section 2255 Cases in United States

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District Courts. As part of such Answer, the United States should state its position as to whether

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an evidentiary hearing is necessary, whether there is any issue as to abuse or delay under Rule 9,

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and whether petitioner’s motion is barred by the statute of limitations.

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ORDER FOR SERVICE AND ANSWER, § 2255
MOTION
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(3)

On the face of the Answer, the United States shall note the Answer for

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consideration on the fourth Friday after it is filed, and the Clerk shall note the Answer

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accordingly. Petitioner may file and serve a Reply to the Answer no later than that noting

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date.

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(4)

Filing and Service by Parties Generally

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All attorneys admitted to practice before this Court are required to file documents

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electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website,

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www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF.

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All non-attorneys, such as pro se parties and/or prisoners, may continue to file a paper original of

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any document for the Court’s consideration. A party filing a paper original does not need to file a

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chambers copy. All filings, whether filed electronically or in traditional paper format, must

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indicate in the upper right hand corner the name of the Judge to whom the document is directed.

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For any party filing electronically, when the total of all pages of a filing exceeds fifty

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(50) pages in length, a paper copy of the document (with tabs or other organizing aids as

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necessary) shall be delivered to the Clerk’s Office for chambers. The chambers copy must

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be clearly marked with the words “Courtesy Copy of Electronic Filing for Chambers.”

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Additionally, any document filed with the Court must be accompanied by proof that

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it has been served upon all parties that have entered a notice of appearance in the

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underlying matter.

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ORDER FOR SERVICE AND ANSWER, § 2255
MOTION
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DATED this 27th day of June, 2017.

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William M. McCool
Clerk of Court

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/s/Paula McNabb
Deputy Clerk

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ORDER FOR SERVICE AND ANSWER, § 2255
MOTION
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