USA v. DeLeon et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
BILLY GARCIA,
Petitioner,
v. No. 2:24-cv-1047 JB/KBM
No. 2:15-cr-4268 JB/KBM
UNITED STATES OF AMERICA,
Respondent.
ORDER TO ANSWER
This matter is before the Court on Petitioner Billy Garcia’s Motion to Vacate Conviction
Under 28 U.S.C. § 2255 (CV Doc. 2; CR Doc. 3748) (§ 2255 Motion). Petitioner challenges his
federal convictions based on, inter alia, ineffective assistance of counsel. Having reviewed the
§ 2255 Motion pursuant to Habeas Corpus Rule 4, the Court determines the claims must be
resolved on a full record. The Court will order the United States to respond to the Motion within
60 days of entry of this Order.
Also before the Court is Petitioner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915 (CV Doc. 1) (IFP Motion). The Court grants the IFP Motion in part. There
is no filing fee for a § 2255 proceeding, but Petitioner may take advantage of the other benefits of
in forma pauperis status such as Court-supplied service.
IT IS THEREFORE ORDERED that Petitioner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 (CV Doc. 1) is GRANTED in part. There is no filing fee
for this action, but Petitioner is entitled to any other benefits of in forma pauperis status.
Case 2:15-cr-04268-MLG-KBM Document 3859 Filed 12/23/25 Page 1 of 2

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IT IS FURTHER ORDERED that the United States must ANSWER the § 2255 Motion
(CV Doc. 2) within sixty (60) days of entry of this Order. Petitioner may file an optional reply
within thirty (30) days after the answer is filed.
___________________________________
UNITED STATES MAGISTRATE JUDGE
Case 2:15-cr-04268-MLG-KBM Document 3859 Filed 12/23/25 Page 2 of 2