Free Order - District Court of Arizona - Arizona

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SC

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) v. ) Jesus Rivero Jaquez-Diaz aka Jesse D.) ) Jacquez, ) ) Defendant/Movant. ) United States of America,

No. CR 04-0021-PHX-PGR No. CV 08-0569-PHX-PGR (MHB) ORDER

Movant Jesus Rivero Jaquez-Diaz aka Jesse D. Jacquez, who is confined in the Federal Correctional Institution Allenwood Low in White Deer, Pennsylvania, filed a pro se Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255. (Doc.# 80.)1 The Court will require a response to the motion. I. Procedural History Pursuant to a plea agreement, Movant pleaded guilty to being felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). In his Motion, Movant alleges that he received the ineffective assistance of counsel in connection with his decision to plead guilty and that he was actually innocent of the offense. A response to the Motion will be required. / / /

"Doc.#" refers to the docket number of filings in the criminal case.
Document 82 Filed 05/07/2008 Page 1 of 3

Case 2:04-cr-00021-PGR

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II.

Warnings A. Address Changes

Movant must file and serve a notice of a change of address 10 days before a move is effective, if practicable. See LRCiv 83.3(d). Movant must not include a motion for other relief with a notice of change of address. Failure to comply may result in dismissal. B. Copies

Movant must serve Plaintiff, or counsel if an appearance has been entered, a copy of every document that he files. Fed. R. Civ. P. 5(a). Each filing must be accompanied by a certificate stating that a copy of the filing was served. Fed. R. Civ. P. 5(d). Also, Movant must submit an additional copy of every filing for use by the Court. LRCiv 5.4. The Court may strike any filing that fails to comply with these requirements. C. Possible Dismissal

Movant is warned that failure to timely comply with every provision of this Order, including these warnings, may result in dismissal of this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (district court may dismiss action for failure to comply with any order of the Court). IT IS ORDERED: (1) The Clerk of Court must deliver copies of the § 2255 Motion (doc.# 80), and

this Order to the United States Attorney for the District of Arizona. (2) The United States Attorney for the District of Arizona must answer the § 2255

Motion within sixty (60) days from the date of service of the § 2255 Motion. The United States Attorney may file an answer limited to relevant affirmative defenses, including but not limited to, statute of limitations, procedural bar, or non-retroactivity. If the answer is limited to affirmative defenses, only those portions of the record relevant to those defenses need be attached to the answer. Failure to set forth an affirmative defense in an answer may be treated as a waiver of the defense. Day v. McDonough, 547 U.S. 198 (2006). If not limited to affirmative defenses, the answer must fully comply with all of the requirements of Rule 5 of the Rules Governing § 2255 Cases.
Case 2:04-cr-00021-PGR Document 82 -2Filed 05/07/2008 Page 2 of 3

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(3) answer. (4)

Movant may file a reply within thirty (30) days from the date of service of the

The matter is referred to Magistrate Judge Michelle H. Burns pursuant to Rules

72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. DATED this 7th day of May, 2008.

Case 2:04-cr-00021-PGR

Document 82

-3Filed 05/07/2008

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