Ly v. United States of America

Filing 4

ORDER DIRECTING THE UNITED STATES TO ANSWER § 2255 PETITION signed by Judge Marsha J. Pechman. Answer due within 45 days of this Order; noted for 4th Friday after filing. Reply due by noting date. (PM) cc: petitioner via first class mail

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10

KEITH K. LY,
Plaintiff,

11
12
13
14
15
16
17
18
19
20
21
22
23

CASE NO. C17-1653-MJP

v.

ORDER DIRECTING THE UNITED
STATES TO ANSWER § 2255
PETITION

UNITED STATES OF AMERICA,
Defendant.
This matter comes before the Court on Petitioner’s Motion to Vacate, Set Aside,
or Correct Sentence Pursuant to 28 U.S.C. § 2255. (Dkt. No. 1). After a preliminary review of
the motion, the Court ORDERS as follows:
1. Within forty-five (45) days of the date of this Order, the United States shall file and serve
an Answer in accordance with Rule 5 of the Rules Governing Section 2255 Cases in
United States District Courts. As part of its Answer, the United States shall state its
position as to whether an evidentiary hearing is necessary, whether any discovery is
necessary, whether there is any issue as to abuse or delay under Rule 9, and whether
Petitioner’s motion is barred by the statute of limitations.

24

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

1

2. On the face of its Answer, the United States shall note this matter for the fourth Friday

2

following the filing of its Answer, and the Clerk shall note the matter on the Court’s

3

docket accordingly.

4

3. Petitioner may file a Reply to the Answer no later than the noting date.

5
6

The clerk is ordered to provide copies of this Order to Petitioner and all counsel.

7

Dated January 5, 2018.

8
9
10

A
Marsha J. Pechman
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24

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