Boothe v. United States of America

Filing 6

ORDER directing the United States to answer 1 Motion to Vacate/Set Aside/Correct Sentence (2255), by Judge Robert S. Lasnik. (SWT) (cc: Petitioner via USPS)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 JONATHAN P. BOOTHE, 8 9 10 Petitioner, v. UNITED STATES OF AMERICA, Respondent. 11 12 Case No. C18-331RSL ORDER DIRECTING THE UNITED STATES TO ANSWER § 2255 PETITION This matter comes before the Court on Petitioner’s “Motion to Vacate, Set Aside, 13 or Correct Sentence Pursuant to § 2255” (Dkt. # 1). After a preliminary review of the 14 motion, the Court ORDERS as follows: 15 (1) Within forty-five (45) days of the date of this order, the United States shall 16 file and serve an Answer in accordance with Rule 5 of the Rules Governing Section 17 2255 Cases in United States District Courts. As part of its Answer, the United States 18 shall state its position as to whether an evidentiary hearing is necessary, whether any 19 discovery is necessary, whether there is any issue as to abuse or delay under Rule 9, and 20 whether Petitioner’s motion is barred by the statute of limitations. 21 22 23 (2) On the face of its Answer, the United States shall note this matter for the fourth Friday following the filing of its Answer, and the Clerk shall note the matter on the Court’s docket accordingly. Petitioner may file a Reply to the Answer no later than that noting date. 24 25 26 ORDER DIRECTING THE UNITED STATES TO ANSWER § 2255 PETITION - 1 1 The Clerk shall direct a copy of this Order to Petitioner. 2 3 DATED this 15th day of May, 2018. 4 5 6 7 A Robert S. Lasnik United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER DIRECTING THE UNITED STATES TO ANSWER § 2255 PETITION - 2

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