Free Order - District Court of Arizona - Arizona

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MDR

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff/Respondent, v. Calvin Frank Morris, Defendant/Movant.

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No. CR 04-1088-PHX-JAT No. CV 08-462-PHX-JAT (JCG) ORDER

Movant Calvin Frank Morris, who is confined in the Federal Correctional Institution15

Fort Dix in Fort Dix, New Jersey, filed a pro se "Motion to Vacate, Set Aside, or Correct
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Sentence by a Person in Federal Custody (28 U.S.C. § 2255)" (Doc. #146). The Court will
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call for an answer to the § 2255 Motion.
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I.
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Procedural History After a jury trial, Movant was found guilty of Conspiracy to Possess with Intent to

Distribute Cocaine, Attempted Possession with Intent to Distribute Cocaine, and Interstate
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Travel in Aid of Racketeering Enterprise, in violation of 21 U.S.C. §§ 846, 841(a)(1) and
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(b)(1)(A)(ii), and 1952(a)(1). On October 3, 2005, the Court sentenced Movant to concurrent
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terms of imprisonment, the longest of which were 165 months. Movant appealed, and the
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Ninth Circuit Court of Appeals affirmed the Judgment. (Doc. #142).
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II.
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Section 2255 Motion In his § 2255 Motion, Movant raises six grounds for relief, all of which allege

ineffective assistance of counsel. The Court will require a response to the § 2255 Motion.
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TERMPSREF

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III.

Warnings A. Address Changes

Movant must file and serve a notice of a change of address in accordance with Rule 83.3(d) of the Local Rules of Civil Procedure. Movant must not include a motion for other relief with a notice of change of address. Failure to comply may result in dismissal of this action. B. Copies

Movant must serve Respondent, 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 include 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. Failure to comply may result in the filing being stricken without further notice to Movant. C. Possible Dismissal

If Movant fails to timely comply with every provision of this Order, including these warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to comply with any order of the Court). IT IS ORDERED: (1) The Clerk of Court must serve a copy of the § 2255 Motion (Doc. #146 in 04-

CR-1088-PHX-JAT) and this Order on the United States Attorney for the District of Arizona. (2) The United States Attorney for the District of Arizona has 60 days from the

date of service within which to answer the 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, 126 S. Ct. 1675, 1684 (2006). If not limited to

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affirmative defenses, the answer must fully comply with all of the requirements of Rule 5 of the Rules Governing Section 2255 Cases. (3) (4) Movant may file a reply within 30 days from the date of service of the answer. This matter is referred to Magistrate Judge Jennifer C. Guerin 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 10th day of April, 2008.

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