IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
October 4, 2011
RICHARD HARPER, PETITIONER
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Chief Judge Kane
Petitioner filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 on March 29, 2011. (Doc. No. 28.) On July 27, 2011, this Court provided Petitioner with a notice of election, informing him of his rights to file a petition for relief pursuant to 28 U.S.C. § 2255, the potential bar on subsequent petitions, and the one-year statute of limitations. (Doc. No. 29.) The Court's order stated that the motion would be ruled on as filed if the notice of election was not returned within forty-five days. (Id. at 4.) Petitioner did not respond to the notice of election within the required forty-five days.
ACCORDINGLY, on this 4th day of October, 2011, IT IS HEREBY ORDERED THAT:
1. The Clerk of Court is directed to serve a copy of the motion (Doc. No. 28), and this order upon the United States Attorney for the Middle District of Pennsylvania;
2. Within twenty (20) days of the date of this order, the Government shall respond to the allegations in Petitioner's motion;
3. Petitioner shall, if he so desires, submit a reply to the Government's response within fifteen (15) days of its filing;
4. A determination as to whether Petitioner shall be produced for a hearing will be held in abeyance pending briefing on the petition.
Yvette Kane, Chief Judge United States District Court Middle District of Pennsylvania
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