Selab v. USA

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
SHAH MAHMOOD SELAB,
Petitioner,
v. No. 2:24-cv-1271 KG/KRS
No. 2:22-cr-2019 KG/KRS
UNITED STATES OF AMERICA,
Respondent.
ORDER TO ANSWER
This matter is before the Court on Petitioner Shah Mahmood Selab’s Motion to Vacate,
Set Aside or Correct Sentence Under 28 U.S.C. § 2255 (CV Doc. 1; CR Doc. 57) (Section 2255
Motion). Petitioner challenges his federal conviction based on claims of ineffective assistance
of counsel. Petitioner has also filed the following motions: (1) Motion Seeking to Hold 2255
Proceedings in Abeyance to Allow Time for Movant to Seek the Government’s Case File (Doc.
2); (2) Motion Seeking Authorization for Private Investigator to Receive the Government’s Case
File (Doc. 3); (3) Motion for Leave to File Investigator Affidavit (Doc. 6); and (4) Motion
Seeking Expedited Proceedings (Doc. 7).
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 regarding disclosure of the government’s case file (Docs. 3
and 6). The Court denies without prejudice Petitioner’s Motion Seeking to Hold 2255
Proceedings in Abeyance (Doc. 2) and Motion Seeking Expedited Proceedings (Doc. 7). The
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Court will rule on the Section 2255 Motion and address the issue of disclosure of the
government’s case file after reviewing the parties’ briefing.
IT IS THEREFORE ORDERED that:
1. The United States shall ANSWER the Section 2255 Motion within sixty (60) days of
entry of this Order;
2. The United States’ answer shall address Petitioner’s Motion Seeking Authorization for
Private Investigator to Receive the Government’s Case File (Doc. 3) and Motion for
Leave to File Investigator Affidavit (Doc. 6);
3. Petitioner may file an optional reply within thirty (30) days after the answer is filed;
4. Petitioner’s Motion Seeking to Hold 2255 Proceedings in Abeyance to Allow Time for
Movant to Seek the Government’s Case File (Doc. 2) and Motion Seeking Expedited
Proceedings (Doc. 7) are DENIED without prejudice.
/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.
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