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Richard Harper v. United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


October 4, 2011

RICHARD HARPER, PETITIONER
v.
UNITED STATES OF AMERICA

The opinion of the court was delivered by: Chief Judge Kane

ORDER

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

20111004

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