Thornton v. USA

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOHN BENJAMIN THORNTON,
Petitioner,
v. No. 2:25-cv-249 KG/JFR
No. 2:21-cr-878 KG/JFR
UNITED STATES OF AMERICA,
Respondent.
ORDER TO ANSWER1
This matter is before the Court on Petitioner John Benjamin Thornton’s Motion to
Vacate, Set Aside or Correct Sentence Under 28 U.S.C. § 2255 (CV Doc. 1; CR Doc. 262)
(Section 2255 Motion). Petitioner challenges his federal conviction based on claims of
ineffective assistance of counsel. Petitioner also filed three motions to amend his Section 2255
Motion. (CV Docs. 9, 11, 13). Having reviewed the Section 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 Section 2255 Motion within 60 days of entry of this
Order. The Answer should address Petitioner’s Motions to Amend (CV Docs. 9, 11, 13).
IT IS THEREFORE ORDERED that:
1. The United States shall ANSWER the Section 2255 Motion within sixty (60) days of
entry of this Order, as set forth above; and
1 The Court dockets this Order to Answer in both the criminal and civil cases to make sure that
Respondent receives it. However, Respondent need only file an answer in the civil case. All
documents related to the § 2255 Petition should only be filed in the civil case going forward.
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2. Petitioner may file an optional reply within thirty (30) days after the answer is filed.
/s/Kenneth J. Gonzales___________________
CHIEF UNITED STATES DISTRICT JUDGE
• Please note that this document has been
electronically filed. To verify its authenticity,
please refer to the Digital File Stamp on the NEF
(Notice of Electronic Filing) accompanying this
document. Electronically filed documents can
be found on the Court’s PACER public access
system.
Case 2:25-cv-00249-KG-JFR Document 15 Filed 05/05/26 Page 2 of 2