Free Order - District Court of Arizona - Arizona

SRM

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States of America, Plaintiff/Respondent -vsJose Angel Romero-Lopez, Defendant/Movant CR-04-1008-PHX-JAT CV-06-1017-PHX-JAT (JI) ORDER

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Movant, following his conviction in the United States District Court for the District of Arizona, filed a Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 on April 11, 2006 (#24). On September 28, 2006, Respondent filed its Response (#28), attacking the merits of the Motion. Movant filed a Reply on October 16, 2006 (#29). Movant's Motion asserts two grounds for relief. In his Reply (#29), however, Movant asserted a variety of additional claims. By an Order entered February 15, 2007 (#30), Petitioner was alerted that his additional claims would not be considered absent a proper amendment. Because Respondents have already answered, Movant was advised he must seek leave to amend his motion. Movant has now filed an Amended Motion (#31). Movant has not, however, sought leave to make such an Amendment. Accordingly, the Court construes Movant's filing to be a motion for leave to amend. IT IS THEREFORE ORDERED that Respondents shall have ten days from the filing of this Order to respond to Movant's motion to amend his Motion to Vacate, filed March 5, 2007 (#31). Movant shall have five days from the service of a response to reply in support of his motion to amend. DATED: April 2, 2007
S:\Civil Cases\Active Cases\Romero-Lopez 2-04CR1008\04-1008-31o Order 07 03 05 re Amendment to Motion.wpd

_____________________________________ JAY R. IRWIN United States Magistrate Judge
Document 33 - 1 Filed 04/03/2007 Page 1 of 1

Case 2:04-cr-01008-JAT