Wilson v. United States of America
Filing
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ORDER re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) signed by Judge Benjamin H Settle. Petitioners motion to proceed in forma pauperis is denied as moot because there is no filing fee for this action. Within thirty (30) days of this order, the United States shall file and serve an Answer. (MET) cc: petitioner
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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7 MICHAEL ANTHONY WILSON,
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Petitioner,
v.
10 UNITED STATES OF AMERICA,
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Respondent.
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Case No. 12-5931
ORDER FOR SERVICE AND
ANSWER, § 2255 MOTION
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Petitioner has filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his
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sentence. Dkt. 1. After a preliminary review of the motion, the Court does hereby ORDER that:
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(1)
Petitioner’s motion to proceed in forma pauperis is denied as moot because there is
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no filing fee for this action.
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(2)
Within thirty (30) days of this order, the United States shall file and serve an
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Answer in accordance with Rule 5 of the Rules Governing Section 2255 Cases in United States
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District Courts. As part of such Answer, the United States should state its position as to whether an
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evidentiary hearing is necessary, whether there is any issue as to abuse or delay under Rule 9, and
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whether petitioner’s motion is barred by the statute of limitations.
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(3)
On the face of the Answer, the United States shall note the Answer for
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consideration on the fourth Friday after it is filed, and the Clerk shall note the Answer
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accordingly. Petitioner may file and serve a response not later than on the Monday immediately
ORDER FOR SERVICE, § 2255 MOTION-1
1 preceding the Friday designated for consideration of the matter. The United States may file and
2 serve a reply brief not later than on the Thursday immediately preceding the Friday designated for
3 consideration of the matter.
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(4)
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All attorneys admitted to practice before this Court are required to file documents
Filing and Service by Parties Generally
6 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website,
7 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF. All
8 non-attorneys, such as pro se parties and/or prisoners, may continue to file a paper original of any
9 document for the Court’s consideration. A party filing a paper original does not need to file a
10 chambers copy. All filings, whether filed electronically or in traditional paper format, must
11 indicate in the upper right hand corner the name of the Magistrate Judge to whom the document is
12 directed.
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For any party filing electronically, when the total of all pages of a filing exceeds fifty
14 (50) pages in length, a paper copy of the document (with tabs or other organizing aids as
15 necessary) shall be delivered to the Clerk’s Office for chambers. The chambers copy must be
16 clearly marked with the words “Courtesy Copy of Electronic Filing for Chambers.”
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Additionally, any document filed with the Court must be accompanied by proof that it
18 has been served upon all parties that have entered a notice of appearance in the underlying
19 matter.
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DATED this 1st day of November, 2012.
A
BENJAMIN H. SETTLE
United States District Judge
ORDER FOR SERVICE, § 2255 MOTION-2
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