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Bishop Carzell Graham v. United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION


December 7, 2011

BISHOP CARZELL GRAHAM, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Sue E. Myerscough, U.S. District Judge:

E-FILED Wednesday, 07 December, 2011 12:23:14 PM

Clerk, U.S. District Court, ILCD

OPINION

This cause is before the Court on Petitioner's Motion to Vacate, Set Aside, or Correct Sentence by a person in Federal Custody pursuant to 28 U.S.C. § 2255 (Petition) (d/e 1) and Petitioner's Motion Pursuant to Rule 4(B) of Rules Governing Section 2255 Proceeding (Motion) (d/e 3).

After a review of the § 2255 Petition, this Court finds that a summary dismissal is not warranted. Therefore, pursuant to Rule 4 of the Rules Governing Section 2255 Proceedings, the Court directs the Government to respond to the § 2255 Petition. The response shall discuss the merits and the procedural posture of the § 2255 Petition. See Rule 5 of the Rules Governing § 2255 Proceedings.

THEREFORE, Petitioner's Motion (d/e 3) is GRANTED. The Government is ordered to file on or before January 9, 2012, an answer, pursuant to Rule 5 of the Rules Governing Section 2255 Proceedings, to Petitioner's § 2255 Petition.

Petitioner is given until January 30,2012, to file any reply.

FOR THE COURT:

SUE E. MYERSCOUGH UNITED STATES DISTRICT JUDGE

20111207

© 1992-2011 VersusLaw Inc.



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