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United States of America v. Marvin Chavelle Epps

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


October 15, 2012

UNITED STATES OF AMERICA,
RESPONDENT,
v.
MARVIN CHAVELLE EPPS, MOVANT.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Movant, a federal prisoner proceeding pro se, brings this motion to correct or set aside a criminal judgment pursuant to 28 U.S.C. § 2255. On July 20, 2012, respondent filed a motion to dismiss movant's § 2255 motion. In response to respondent's motion, in which respondent argues that the court lacks jurisdiction because movant entered into a written plea agreement in which he waived his right to collaterally challenge his sentence or conviction, movant filed a motion for leave to amend on August 13, 2012, seeking to add claims relating to the validity of the plea agreement. Respondent shall file a response to movant's motion for leave to amend within 20 days of the date of this order.

IT IS SO ORDERED.

20121015

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