Johnson v. United States

Opinion

2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 OK 7 UNITED STATES OF AMERICA, Case No. 2:14-CR-304 JCM (VCF) 8 Plaintiff(s), ORDER 9 v. 10) HERBERT JOHNSON, 11 Defendant(s). 12 13 Presently before the court is the matter of United States of America v. Johnson, case no. 14) 4:14-cr-00304-JCM-VCF. Herbert Johnson (“petitioner”) filed a motion to vacate, set aside, or 15 correct sentence under 28 U.S.C. § 2255. (ECF No. 51). The court has examined the motion, 16 which alleges relief due to United States v. Davis, 139 S. Ct. 2319 (2019). Id. 17 The United States of America (“respondent”) shall file a response within 21 days from the 18 | date of this order. Thereafter, petitioner will have 14 days to file a reply. 19 Accordingly, 20 IT IS HEREBY ORDERED that respondent shall file a response to petitioner’s motion to 21 vacate, set aside, or correct sentence (ECF No. 51) no later than 21 days from the date of this order. 22 | Petitioner may file a reply within 14 days. 23 The clerk is instructed to file this order in the instant matter and in the related civil case, 241 no, 2:20-cv-01102-JCM. 25 DATED June 24, 2020. ins ©. Malian 27 UN;TED“STATES DISTRICT JUDGE 28

C. Mahan Judge