Harris v. USA, No. 3:2009cv03201 - Document 3 (C.D. Ill. 2009)
Court Description: OPINION. The United States Attorney is ordered to file an answer pursuant to Rule 5 of the Rules Governing 28 U.S.C. Section 2255 Cases to Petitioner's Petition or before October 16, 2009. Any reply by the Petitioner is due by November 30, 2009. Entered by Judge Jeanne E. Scott on 8/13/2009. (CC, ilcd)
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E-FILED Thursday, 13 August, 2009 04:36:56 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION SPENCER H. HARRIS, ) ) ) ) ) ) ) ) ) Petitioner, v. UNITED STATES OF AMERICA, Respondent. No. 09-3201 OPINION JEANNE E. SCOTT, U.S. District Judge: This cause is before the Court on Petitioner's Petition under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (d/e 1). The Court now makes the initial consideration of Petitioner's Petition under Rule 4 of the Rules Governing § 2255 Cases. After a review of the Petition, this Court finds that a summary dismissal is not warranted. Therefore, pursuant to Rule 4, the Court directs the United States to respond to Petitioner's Petition. The response shall discuss the merits and the procedural posture of the Petition. See Rule 5 of the Rules Governing § 2255 Cases. THEREFORE, the United States Attorney is ordered to file an answer 1 pursuant to Rule 5 of the Rules Governing 28 U.S.C. § 2255 Cases to Petitioner's Petition or before October 16, 2009. Any reply by the Petitioner is due by November 30, 2009. IT IS THEREFORE SO ORDERED. ENTER: August 13, 2009 FOR THE COURT: s/ Jeanne E. Scott JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE 2
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