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

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 GLEN THOMAS STEWART, 10 Petitioner, v. 11 12 CASE NO. C17-0916-JCC ORDER FOR SERVICE AND ANSWER, § 2255 MOTION UNITED STATES OF AMERICA, 13 Respondent. 14 15 This matter comes before the Court on Petitioner Glen Thomas Stewart’s motion under 16 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence (Dkt. No. 1). The Court, having 17 reviewed Petitioner’s motion, hereby ORDERS that: 18 (1) If not previously accomplished, electronic posting of this order and petition 19 shall effect service upon the United States Attorney of copies of the 2255 motion and of all 20 documents in support thereof. 21 (2) Within forty-five days after such service, the United States shall file and serve an 22 Answer in accordance with Rule 5 of the Rules Governing Section 2255 Cases in United States 23 District Courts. As part of such Answer, the United States should state its position as to whether 24 an evidentiary hearing is necessary, whether there is any issue as to abuse or delay under Rule 9, 25 and whether petitioner’s motion is barred by the statute of limitations. 26 ORDER FOR SERVICE AND ANSWER, § 2255 MOTION PAGE - 1 1 (3) On the face of the Answer, the United States shall note the Answer for 2 consideration on the fourth Friday after it is filed, and the Clerk shall note the Answer 3 accordingly. Petitioner may file and serve a Reply to the Answer no later than that noting 4 date. 5 (4) Filing and Service by Parties Generally 6 All attorneys admitted to practice before this Court are required to file documents 7 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website, 8, for a detailed description of the requirements for filing via CM/ECF. 9 All non-attorneys, such as pro se parties and/or prisoners, may continue to file a paper original of 10 any document for the Court’s consideration. A party filing a paper original does not need to file a 11 chambers copy. All filings, whether filed electronically or in traditional paper format, must 12 indicate in the upper right hand corner the name of the Judge to whom the document is directed. 13 For any party filing electronically, when the total of all pages of a filing exceeds fifty 14 (50) pages in length, a paper copy of the document (with tabs or other organizing aids as 15 necessary) shall be delivered to the Clerk’s Office for chambers. The chambers copy must 16 be clearly marked with the words “Courtesy Copy of Electronic Filing for Chambers.” 17 Additionally, any document filed with the Court must be accompanied by proof that 18 it has been served upon all parties that have entered a notice of appearance in the 19 underlying matter. 20 // 21 // 22 // 23 // 24 // 25 // 26 // ORDER FOR SERVICE AND ANSWER, § 2255 MOTION PAGE - 2 1 DATED this 27th day of June, 2017. 2 William M. McCool Clerk of Court 3 /s/Paula McNabb Deputy Clerk 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER FOR SERVICE AND ANSWER, § 2255 MOTION PAGE - 3

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