United States District Court, S.D. Georgia, Augusta Division
August 22, 2014
STEVEN B. BOYD, Petitioner,
UNITED STATES OF AMERICA, Respondent.
BRIAN K. EPPS, Magistrate Judge.
Petitioner, an inmate at U.S.P. Atlanta in Atlanta, Georgia, has filed with this Court a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. On August 12, 2014, the Eleventh Circuit Court of Appeals issued a mandate reversing this Court's dismissal of Petitioner's motion as successive and remanding the case to this Court to determine whether the motion is timely. See Boyd v. United States, 754 F.3d 1298, 1302-03 (11th Cir. 2014).
Petitioner filed an extensive brief after the case was remanded. (Doc. no. 29.) Even though this case remains at the initial screening stage, in which the government would not normally have a role, given its extensive involvement with this case on appeal and the complexity of the timeliness issue, the government may file a responsive brief within thirty days of the date of this Order. However, should the government choose not to file a brief, it is directed to notify the Court by Wednesday, August 27, 2014.