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United States of America v. Harvey L. Sewell

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


September 20, 2011

UNITED STATES OF AMERICA, RESPONDENT,
v.
HARVEY L. SEWELL, MOVANT.

ORDER

Movant, a federal prisoner proceeding with counsel, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Dckt. No. 229. Since movant may be entitled to the requested relief, respondent is directed to file an answer, motion or other response within sixty days of the date of this order. See Rule 4(b), Rules Governing § 2255 Proceedings in the U.S. District Courts.

Any response shall be accompanied by any and all transcripts or other documents relevant to the determination of the issues presented in the § 2255 motion. Rule 5, Rules Governing § 2255 Proceedings in the U.S. District Courts.

Movant's reply to respondent's answer, if any, is due on or before thirty days from the date respondent's answer is filed. Id.

If the response to the § 2255 motion is a motion, movant's opposition or statement of non-opposition shall be filed and served within 30 days of service of the motion, and respondents' reply, if any, shall be filed within 14 days thereafter.

The Clerk of the Court shall serve a copy of this order, together with a copy of movant's August 8, 2011 amended motion to vacate on the United States Attorney or his authorized representative.

Movant has also requested leave to file an oversized brief. Dckt. No. 228. The request is granted and the amended motion to vacate filed August 8, 2011 is accepted for filing.

So ordered.

20110920

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