Tran v. United States of America
MINUTE ORDER. Within thirty (30) days after posting of this order, the United States shall file and serve an Answer to Petitioner's 1 Motion to Vacate, Set Aside or Correct Sentence. Authorized by U.S. District Judge John C Coughenour. (TH) (cc: Petitioner via first class mail)
THE HONORABLE JOHN C. COUGHENOUR
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
HUY VAN TRAN,
CASE NO. C18-0323-JCC
UNITED STATES OF AMERICA,
The following Minute Order is made by direction of the Court, the Honorable John C.
Coughenour, United States District Judge:
Petitioner has filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his
sentence (Dkt. No. 1). After a preliminary review of the motion, the court hereby ORDERS that:
If not previously accomplished, electronic posting of this order and petition shall
effect service upon the United States Attorney, copies of the 2255 motion and of all documents in
Within thirty (30) days after such service, 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 such Answer, the United States should state its position as to whether
an evidentiary hearing 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.
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On the face of the Answer, the United States shall note the Answer for
consideration on the fourth Friday after it is filed, and the Clerk shall note the Answer
accordingly. Petitioner may file and serve a response not later than on the Monday immediately
preceding the Friday designated for consideration of the matter. The United States may file and
serve a reply brief not later than on the Thursday immediately preceding the Friday designated for
consideration of the matter.
All attorneys admitted to practice before this Court are required to file documents
Filing and Service by Parties Generally
electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website,
www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF.
All non-attorneys, such as pro se parties and/or prisoners, may continue to file a paper original of
any document for the Court’s consideration. A party filing a paper original does not need to file a
chambers copy. All filings, whether filed electronically or in traditional paper format, must
indicate in the upper right hand corner the name of the Magistrate Judge to whom the document is
For any party filing electronically, when the total of all pages of a filing exceeds fifty (50)
pages in length, a paper copy of the document (with tabs or other organizing aids as necessary)
shall be delivered to the Clerk’s Office for chambers. The chambers copy must be clearly marked
with the words “Courtesy Copy of Electronic Filing for Chambers.”
Additionally, any document filed with the Court must be accompanied by proof that it has
been served upon all parties that have entered a notice of appearance in the underlying matter.
DATED this 6th day of March 2018.
William M. McCool
Clerk of Court
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