Thorson v. United States of America

Filing 4

ORDER FOR SERVICE AND ANSWER, § 2255 MOTION signed by Judge Ricardo S Martinez. Answer due in 45 days from the filing of Petitioner's 1 motion. (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,

CASE NO. C18-136 RSM
ORDER FOR SERVICE AND
ANSWER, § 2255 MOTION

v.
UNITED STATES OF AMERICA,
Respondent.

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This matter comes before the Court on Petitioner’s “Motion to Vacate, Set Aside,
or Correct Sentence Pursuant to § 2255.” Dkt. # 1. After a preliminary review of the
motion, the Court ORDERS as follows:

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(1) Within forty-five (45) days after the filing of Petitioner’s § 2255 Motion, the

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United States shall file and serve an Answer in accordance with Rule 5 of the

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Rules Governing Section 2255 Cases in United States District Courts. As part of

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its Answer, the United States shall state its position as to whether an evidentiary

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ORDER FOR SERVICE AND ANSWER, § 2255 MOTION - 1

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hearing is necessary, whether any discovery is necessary, whether there is any

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issue as to abuse or delay under Rule 9, and whether Petitioner’s motion is barred

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by the statute of limitations.

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

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Friday following the filing of its Answer, and the Clerk shall note the matter on

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the Court’s docket accordingly. Petitioner may file a Reply to the Answer no

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later than that noting date.

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(3) The Clerk shall direct a copy of this Order to Petitioner.

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DATED this 31st day of January 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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