Tuesday, August 9, 2011

United States District Court, Southern District of California (Update)

Yesterday Edwin was notified that the courts are giving the Government a "do-over".  Apparently, the Government claims that they were never notified of the petition in April.  Funny, I have documentation from the court stating that as of 4/26/11, the government was notified-yet they still failed to respond under the 60 day time limit to the petition.

So now I have to send off the petition (minus the supporting documentation) to the Government via certified mail and then send a copy of the receipt to the court no later than 8/31/11.

The order to show cause has been delayed until 9/19/11 with a hearing on 9/23.

I read over the 2255 motion sent to the court, and NO WHERE in it does it state that Edwin or I have to serve the Government attorney.  Actually, it says that we have to send out 3 copies plus the original to the court because its the clerks job to notify the Government.  The clerk completed their job and did notify the Government.  Now in turn, after the notification from the clerks office, the Government assigns an attorney (in this case from the U.S. Attorneys Office in San Diego) and they attorney responds to the writ within 60 days under Fed. Civ. R. 12.

They failed to do so and the courts were only made aware of it when I called the clerks office on 7/15/11 to ask if the Government filed anything with the courts since we had not heard anything as of that day.  the clerk had asked me if I received anything from the court about the attorney, I replied no.  We never got anything from the court about the attorney for the Government because THE GOVERNMENT NEVER ASSIGNED ONE!

When the Government violates the rules of procedure by failing to respond, why then does Edwin have to pay the price for their mistake by having the proceedings extended to accommodate the Government?  And why is the court allowing this to happen?