Koh v. United States of America

Filing 5

ORDER FOR SERVICE AND ANSWER, § 2255 MOTION 1 . United States' Answer due within 45 days of this Order. 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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JUNNE KYOO KOH,

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Petitioner,

CASE NO. C18-0684RSM
ORDER FOR SERVICE AND
ANSWER, § 2255 MOTION

v.

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UNITED STATES OF AMERICA,

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Respondent.

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This matter comes before the Court on Petitioner’s “Motion to Vacate, Set Aside,
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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 of this Order, the United States shall file and serve

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an Answer in accordance with Rule 5 of the Rules Governing Section 2255

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Cases in United States District Courts. As part of its Answer, the United States

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shall state its position as to whether an evidentiary hearing is necessary,

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whether any discovery is necessary, whether there is any issue as to abuse or

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delay under Rule 9, and whether Petitioner’s motion is barred by the statute of

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limitations.

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ORDER FOR SERVICE AND ANSWER, § 2255 MOTION - 1

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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 19th day of July, 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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