Johnson v. United States of America

Filing 2

ORDER signed by Judge Rudolph T. Randa on 11/25/2013. United States MUST FILE answer on or before 1/27/2014. (cc: all counsel, via US mail to Ronald Johnson at Terre Haute FCI, Attys. Peter Kovac, Russell Jones, Bradley Williams)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
-vs-

Civil Case No. 13-C-1304
(Criminal Case No. 10-Cr-121)

RONALD L. JOHNSON,
Movant.

DECISION AND ORDER

Pro se Movant Ronald L. Johnson (“Johnson”) filed a motion to vacate, set
aside, or correct sentence pursuant to 28 U.S.C. § 2255 asserting that his trial counsel
and appellate counsel were ineffective; denial of his right to be tried before an
impartial tribunal; denial of his sixth amendment right to be tried on charges found
only by the grand jury; and denial of his right under the fifth amendment due process
clause because he was convicted of an offense not charged in the indictment. Having
reviewed the file in this matter pursuant to Rule 4 of the Rules Governing Section
2255 Proceedings for the United States District Courts, the Court cannot conclude that
Johnson’s motion is plainly without merit. Therefore, the United States of America
will be required to file an answer that conforms to Rule 5 of the Rules Governing
Section 2255 Proceedings for the United States District Courts.
Because the ineffective assistance of trial counsel issues raised by the motion
involve Attorneys Peter Kovac and Russell Jones, and the ineffective assistance of

appellate counsel issue involves Bradley Williams, the Court will direct the Clerk of
Court to send a copy of this Decision and Order to each of them.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY
ORDERED THAT:
The United States of America MUST FILE an answer on or before January
27, 2014.
The Clerk of Court is directed to send a copy of this Decision and Order to
Attorneys Peter Kovac, Russell Jones, and Bradley Williams.
Dated at Milwaukee, Wisconsin, this 25th day of November, 2013.

BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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