IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
April 4, 2006
MARTY A. BRYANT, PETITIONER/DEFENDANT,
UNITED STATES OF AMERICA , RESPONDENT/PLAINTIFF.
The opinion of the court was delivered by: Gilbert, District Judge
MEMORANDUM AND ORDER
The Court previously granted Petitioner's motion to set aside the order which closed this case (see Docs. 6, 7). The Government has now filed a motion to reconsider that decision (Doc. 9), disputing Petitioner's contention that he was not represented by Counsel at the time this action was voluntarily dismissed.
IT IS HEREBY ORDERED that within THIRTY (30) DAYS of the date of entry of this order, Petitioner shall SHOW CAUSE why the Court should not grant the Government's motion.
IT IS FURTHER ORDERED that if Petitioner fails to show cause within the allotted time, the Court will grant the Government's motion and will, once again, dismiss this case. Because the Government's motion implies that Petitioner may have attempted to perpetrate a fraud upon the Court by misrepresenting certain facts, granting the Government's motion will result in a dismissal with prejudice.
To ensure a timely response, the Clerk is DIRECTED to provide a copy of the Government's motion (Doc. 9) to Petitioner with his copy of this order.
IT IS SO ORDERED.
J. Phil Gilbert U. S. District Judge
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