Thorson v. United States of America

Filing 23

MINUTE ORDER striking as moot Petitioner's 22 Notice to Court and Motion to Amend Under 28 U.S.C. § 2255. Petitioner is to file, if he so elects and within the time specified in the Court's Order (Dkt. 19 ), an Amended Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. Authorized by Judge Ricardo S. Martinez. (SWT) (cc: Petitioner via USPS with Motion Under 28 U.S.C. § 2255 form)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROBERT D. THORSON,

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Petitioner,

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v.

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UNITED STATES OF AMERICA,

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CASE NO. C18-136 RSM

Respondent.

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MINUTE ORDER

The following Minute Order is made by direction of the Court, the Honorable Ricardo
S. Martinez, United States District Judge:
Petitioner has filed a second Notice to Court and Motion to Amend Under 28 U.S.C.
§ 2255 (“Motion to Amend”) (Dkt. #22). Petitioner’s Motion to Amend appears to lay out
language he wishes to include in an amended § 2255 Motion. Id. Petitioner’s Motion to
Amend was signed on February 18, 2019, and not received by this Court until February 28,

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2019. Id. It is again unclear to the Court whether Plaintiff received a copy of the Court’s

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February 14, 2019 Order Granting Motion to Lift Stay and Setting Briefing Schedule (Dkt.

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#19) prior to mailing this Motion to Amend. Regardless, the Court has granted Petitioner

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leave to amend his § 2255 Motion.

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Petitioner is to file, if he so elects and within the time specified in the Court’s
February 14, 2019 Order, an Amended Motion Under 28 U.S.C. § 2255 to Vacate, Set
Aside, or Correct Sentence by a Person in Federal Custody. Should Petitioner file an

MINUTE ORDER

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amended motion, any Amended Motion that Petitioner files will fully replace

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Petitioner’s original § 2255 Motion (Dkt. #1).

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Accordingly, the Court STRIKES Petitioner’s Notice to Court and Motion to Amend
Under 28 U.S.C. § 2255 (Dkt. #22) as moot.
A copy of this Minute Order shall be mailed to Robert D. Thorson, No. 48042-086,
FCI-Sheridan, Federal Correctional Institution, P.O. Box 5000, Sheridan, OR 97378.
DATED this 1st day of March 2019.

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WILLIAM McCOOL, Clerk

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By: /s/ Paula McNabb
Deputy Clerk