Weems v. United States of America

Filing 4

ORDER Directing the United States to Answer § 2255 Petition re: 1 Motion to Vacate, signed by Judge Robert S. Lasnik. (SWT) (cc: Petitioner via USPS)

1
2
3
4
5

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7

DWIGHT ANTHONY WEEMS,

8
9
10

Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

11
12

Case No. C17-1023RSL
ORDER DIRECTING THE
UNITED STATES TO
ANSWER § 2255 PETITION

This matter comes before the Court on Petitioner’s “Motion to Vacate, Set Aside,

13

or Correct Sentence Pursuant to § 2255” (Dkt. # 1). After a preliminary review of the

14

motion, the Court ORDERS as follows:

15

(1)

Within forty-five (45) days of the date of this order the United States shall

16

file and serve an Answer in accordance with Rule 5 of the Rules Governing Section

17

2255 Cases in United States District Courts. As part of its Answer, the United States

18

shall state its position as to whether an evidentiary hearing is necessary, whether any

19

discovery is necessary, whether there is any issue as to abuse or delay under Rule 9, and

20

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

21
22
23

(2)

On the face of its Answer, the United States shall note this matter for the

fourth Friday following the filing of its Answer, and the Clerk shall note the matter on
the Court’s docket accordingly. Petitioner may file a Reply to the Answer no later than
that noting date.

24
The Clerk shall direct a copy of this Order to Petitioner.
25
26

ORDER DIRECTING THE UNITED STATES TO ANSWER § 2255 PETITION - 1

1
2

DATED this 11th day of September, 2017.

3
4
5
6

A

Robert S. Lasnik
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

ORDER DIRECTING THE UNITED STATES TO ANSWER § 2255 PETITION - 2