Gad v. United States of America

Filing 4

ORDER DIRECTING SERVICE AND ANSWER, 28 U.S.C. § 2255 PETITION. Signed by Judge James L. Robart. (SS) (cc: Plaintiff via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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NADER A. GAD,

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v.

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Petitioner,

ORDER DIRECTING SERVICE
AND ANSWER, 28 U.S.C. § 2255
PETITION

UNITED STATES OF AMERICA,
Respondent.

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CASE NO. C23-1993JLR

Petitioner filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct

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Petitioner’s sentence. After a preliminary review of the motion pursuant to Rule 4 of the

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Rules Governing Section 2255 Proceedings in United States District Courts, the court

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hereby ORDERS:

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(1)

Service. Electronic posting of this order, Petitioner's motion, and all

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documents in support thereof shall constitute effective service upon the United States

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Attorney. The Clerk shall also direct a copy of this order to Petitioner.

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ORDER - 1

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(2)

Government’s Answer. Within forty-five (45) days after such service, the

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United States shall file and serve an Answer in accordance with Rule 5 of the Rules

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Governing Section 2255 Proceedings. As a part of such Answer, the United States shall

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

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issue as to abuse or delay under Rule 9, and whether Petitioner’s motion is barred by the

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statute of limitations. The United States shall file the Answer with the Clerk and serve a

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copy of the answer upon Petitioner.

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(3)

Noting Date for Consideration. On the face of the Answer, the United

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States shall note the Answer for consideration on the fourth Friday after it is filed (“the

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noting date”), and the Clerk shall note the Answer accordingly on the court’s electronic

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docket. Petitioner may file and serve a responsive brief no later than the Monday

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immediately preceding the noting date. The United States may file and serve a reply

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brief no later than on the Thursday immediately preceding the noting date.

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(4)

Filing and Service by Parties Generally. All attorneys admitted to

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practice before this court are required to file documents electronically via the court’s

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CM/ECF system. The court directs counsel to the court’s website,

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

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CM/ECF. All non-attorneys, such as pro se parties and/or prisoners, may continue to file

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a paper original of any document for the court’s consideration.

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A party filing a paper original does not need to file a hardcopy for chambers. For

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

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pages in length, a hardcopy of the document (with tabs or other organizing aids as
ORDER - 2

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necessary) shall be delivered to the Clerk’s Office for chambers. The chambers copy

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must be clearly marked with the words “Courtesy Copy of Electronic Filing for

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Chambers.”

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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 judge to whom the document is

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directed. Additionally, any document filed with the court must be accompanied by proof

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that it has been served upon all parties that have entered an appearance in the matter.

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(5)

Motions. Any request for court action shall be set forth in a motion,

properly served upon all parties and filed with the court. Pursuant to Local Rule 7(b),

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any argument offered in support of the motion shall be submitted as a part of the motion

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itself and not in a separate document. The motion shall include in its caption

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(immediately below the title of the motion) a designation of the date the motion is to be

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noted for consideration upon the court’s calendar.

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(6)

No Direct Communication with Judge. No direct communication is to

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take place with the judge with regard to this case. All relevant information and papers

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are to be directed to and filed with the Clerk.

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Dated this 14th day of February, 2024.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 3