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United States of America v. Michael Anthony Black

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 4, 2011

UNITED STATES OF AMERICA,
RESPONDENT,
v.
MICHAEL ANTHONY BLACK, MOVANT.

ORDER

Movant, a federal prisoner proceeding without counsel, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255.*fn1 He has also filed a motion to compel specific performance of a plea agreement, asking that the court "recharacterize his 'Motion for Habeas Relief Under 28 U.S.C. § 2255 . . . ,' as an action to resuscitate and enforce his procedurally tainted plea bargain and agreement," and citing Santobello v. New York, 404 U.S. 257, 262 (1971). The court construes these documents together to constitute a motion under 28 U.S.C. § 2255.

Since movant may be entitled to the requested relief, respondent is directed to file an answer, motion or other response within thirty days of the effective date of this order. See Rule 4(b), Rules Governing Section 2255 Proceedings. Respondent shall include with an answer any and all transcripts or other documents relevant to the determination of the issues presented in the motion. Rule 5, Rules Governing Section 2255 Proceedings. Movant's reply, if any, is due on or before thirty days from the date respondent's answer is filed. Id.

The Clerk of the Court shall serve a copy of this order, together with a copy of movant's May 7, 2010 motion and September 17, 2010 motion on the United States Attorney or his authorized representative.

So ordered.


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