Tran v. United States of America

Filing 4

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

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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HUY VAN TRAN,

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CASE NO. C18-0323-JCC
Plaintiff,

MINUTE ORDER

v.
UNITED STATES OF AMERICA,

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Defendant.

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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:
(1)

If not previously accomplished, electronic posting of this order and petition shall

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effect service upon the United States Attorney, copies of the 2255 motion and of all documents in

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support thereof.

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(2)

Within thirty (30) days after such service, the United States shall file and serve an

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Answer in accordance with Rule 5 of the Rules Governing Section 2255 Cases in United States

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District Courts. As part of such Answer, the United States should state its position as to whether

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an evidentiary hearing is necessary, whether there is any issue as to abuse or delay under Rule 9,

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and whether petitioner’s motion is barred by the statute of limitations.
MINUTE ORDER
C18-0323-JCC
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(3)

On the face of the Answer, the United States shall note the Answer for

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consideration on the fourth Friday after it is filed, and the Clerk shall note the Answer

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accordingly. Petitioner may file and serve a response not later than on the Monday immediately

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preceding the Friday designated for consideration of the matter. The United States may file and

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serve a reply brief not later than on the Thursday immediately preceding the Friday designated for

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consideration of the matter.

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(4)

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All attorneys admitted to practice before this Court are required to file documents

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Filing and Service by Parties Generally

electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website,

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www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF.

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All non-attorneys, such as pro se parties and/or prisoners, may continue to file a paper original of

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any document for the Court’s consideration. A party filing a paper original does not need to file a

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chambers copy. All filings, whether filed electronically or in traditional paper format, must

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indicate in the upper right hand corner the name of the Magistrate Judge to whom the document is

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directed.

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For any party filing electronically, when the total of all pages of a filing exceeds fifty (50)

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pages in length, a paper copy of the document (with tabs or other organizing aids as necessary)

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shall be delivered to the Clerk’s Office for chambers. The chambers copy must be clearly marked

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with the words “Courtesy Copy of Electronic Filing for Chambers.”

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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.

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William M. McCool
Clerk of Court

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s/Tomas Hernandez
Deputy Clerk

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MINUTE ORDER
C18-0323-JCC
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