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United States of America v. David Neal

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


March 26, 2013

UNITED STATES OF AMERICA, RESPONDENT,
v.
DAVID NEAL, MOVANT.

ORDER

Movant, a federal prisoner proceeding pro se, has filed a second amended motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Pending before the court is movant's motion for reconsideration and respondent's motion for an extension of time to file a response to movant's § 2255 motion.

In his motion for reconsideration, movant asks the court to rescind its February 26, 2013, order*fn1 and allow for his immediate release. He contends that he is innocent, and the government has failed to comply with the court's orders on several occasions. For the reasons stated in the February 26, 2013 order, the court will again deny movant's motion for reconsideration. In doing so, the court notes that, contrary to movant's claim, respondent has not failed to comply with any of the court's prior orders.

Respondent has also filed a motion for an extension of time to file a response to movant's § 2255 motion. Good cause appearing, the court will grant respondent's motion.

Accordingly, IT IS HEREBY ORDERED that:

1. Movant's motion for reconsideration (Doc. No. 77) is denied;

2. Respondent's motion for an extension of time (Doc. No. 78) is granted; and

3. Respondent shall file a response to movant's second amended motion to vacate, set aside, or correct his sentence on or before May 28, 2013.


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