Rojas-Orellana v. United States of America

Filing 2

ORDER Requiring Answer by Judge Benjamin H. Settle. Petitioner's MOTION to Vacate, Set Aside or Correct Sentence (pursuant to 28 U.S.C. 2255) NOTED on motion calendar: Noting Date 8/22/2016. (TG; cc mailed to petitioner)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 ADEMAR ROJAS ORELLANA, 9 CASE NO. C16-5563 BHS CR13-5401BHS Petitioner, 10 ORDER REQUIRING ANSWER v. 11 UNITED STATES OF AMERICA, Respondent. 12 13 14 This matter comes before the Court on the Petitioner’s Motion to Vacate, Set 15 Aside or Correct Sentence pursuant to 28 U.S.C. § 2255(a). 16 It is hereby ORDERED THAT: 17 1. The United States shall file and serve an answer in accordance with Rule 5 18 of the Rules Governing § 2255 Cases in the United States District Courts not later than 19 August 8, 2016. As part of such answer, The United States should state its position as to 20 whether an evidentiary hearing is necessary and whether there is any issue as to abuse or 21 delay under Rule 9. 22 ORDER - 1 1 2. Any reply by Petitioner shall be filed and served on or before August 22, 2 2016, and the Clerk shall note the 2255 motion on the Court’s calendar for August 22, 3 2016. 4 Dated this 6th day of July, 2016. A 5 6 BENJAMIN H. SETTLE United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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