Jones v. United States of America

Filing 4

ORDER DIRECTING THE UNITED STATES TO ANSWER 2255 PETITION, signed by Judge Richard A. Jones. (cc: Petitioner via USPS) (VE)

Case 2:20-cv-01863-RAJ Document 4 Filed 01/06/21 Page 1 of 2

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HON. RICHARD A. JONES
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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8 BRIAN H. JONES, SR.,
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Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 2:20-cv-01863-RAJ

ORDER DIRECTING THE
UNITED STATES TO
ANSWER §2255 PETITION

This matter comes before the Court on Petitioner’s Motion to Vacate, Set Aside,

15 or Correct Sentence Pursuant to 28 U.S.C. §2255 (Dkt. #1). After a preliminary review of
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the motion, the Court ORDERS as follows:
(1) Within forty-five (45) days of the date of this Order the United States shall file

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and serve an Answer in accordance with Rule 5 of the Rules Governing §2255 Cases in

18 United States District Courts. As part of its Answer, the United States shall state its
19 position as to whether an evidentiary hearing is necessary, whether any discovery is
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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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(2) On the face of its Answer, the United States shall note this matter for the

22 fourth Friday following the filing of its Answer, and the Clerk shall note the matter on
23 the Court’s docket accordingly.

ORDER DIRECTING UNITED STATES
TO ANSWER §2255 PETITION - 1

Case 2:20-cv-01863-RAJ Document 4 Filed 01/06/21 Page 2 of 2

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(3) Petitioner may file a Reply to the Answer no later than the noting date.

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

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DATED this 6th day of January, 2021.

A

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The Honorable Richard A. Jones
United States District Judge

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ORDER DIRECTING UNITED STATES
TO ANSWER §2255 PETITION - 2