Thorson v. United States of America

Filing 26

ORDER granting Petitioner' s 24 Motion to Withdraw Amended 2255 and Proceed with Original 2255 Petition. 1 Motion to Vacate/Set Aside/Correct Sentence (2255). The operative § 2255 petition for the purposes of this action is the original and only § 2255 Petition filed by Petitioner (Dkt. # 1 ). Government's response due in 45 days. Signed by Judge Ricardo S. Martinez. (PM) cc: Petitioner via first class mail

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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,
v.

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CASE NO. C18-136 RSM
ORDER GRANTING PETITIONER’S
MOTION TO WITHDRAW AMENDED
§ 2255 AND PROCEED WITH ORIGINAL
§ 2255 PETITION

UNITED STATES OF AMERICA,
Respondent.

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This matter is before the Court on Petitioner’s Motion to Withdraw Amended § 2255 and

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Proceed with Original § 2255 Action. Dkt. #24. Having previously requested—and being

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granted—leave to file an amended § 2255 petition, Petitioner now seeks to forego filing an
amended § 2255 petition and to proceed with his original § 2255 Petition (Dkt. #1). Petitioner
indicates that he cannot afford to file an amended § 2255 petition in compliance with the Rules

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Governing Section 2255 Proceedings for the United States District Courts and does not seek

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relief from the Court. Accordingly, and having considered Petitioner’s Motion and the relevant

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record, the Court finds and ORDERS that:

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1. To the extent necessary, Petitioner’s Motion to Withdraw Amended § 2255 and Proceed
with Original § 2255 Action (Dkt. #24) is GRANTED.

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ORDER – 1

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2. The operative § 2255 petition for the purposes of this action is the original and only
§ 2255 Petition filed by Petitioner (Dkt. #1).

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3. The Government shall respond, in accordance with the Rules Governing Section 2255

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Cases in United States District Courts, within forty-five days of the date this Order is

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entered on the docket. Respondent shall note this matter for consideration on the fourth
Friday following the filing of an Answer and the Clerk shall note the matter on the

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Court’s docket accordingly. Petitioner may file a Reply to the Answer no later than the
noting date.

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4. The Clerk of the Court is directed to mail a copy of this Order to Robert D. Thorson,

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No. 48042-086, FCI-Sheridan, Federal Correctional Institution, P.O. Box 5000,

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Sheridan, OR 97378.

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DATED this 28th day of March 2019.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER – 2