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13-044 - BOTTOMS v. USA


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13-044 - BOTTOMS v. USA
November 13, 2015
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ENTRY - The United States made an inadequate initial response to the petitioner's motion and has been invited to do better. Doing so may eliminate issues and simplify or eliminate the need for further proceedings.The United States now seeks an extension of time to do so. But the extension it seeks is unreasonable in the circumstances. Its motion 26 will therefore be granted in part and denied in part. The motion is granted to the extent that the United States shall have through December 17, 2015 in which to supplement its argument with respect to its asserted breach of the plea through its argument at the petitioner's sentencing. The petitioner shall have through January 16, 2016 in which to reply. Petitioner's counsel is correct, his 28 U.S.C § 2255 motion has been pending long enough. Parties should anticipate no further extensions. Signed by Judge Tanya Walton Pratt on 11/13/2015. (MAG)
March 23, 2016
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ENTRY on Petition for Relief Pursuant to 28 U.S.C. 2255 - Bottom's Petition for relief pursuant to 28 U.S.C. § 2255 is DENIED. A copy of this Entry shall be docketed in the underlying criminal action, No. 4:10-cr-0006-TWP-VTW-1. Finally, the Court denies a certificate of appealability because Bottoms has failed to show that reasonable jurists would find "it debatable whether the petition states a valid claim of the denial of a constitutional right." Slack v. McDaniel, 529 U.S. 473, 484 (2000). Judgment consistent with this Entry shall now issue. See Entry for details. Signed by Judge Tanya Walton Pratt on 3/23/2016.(LBT)