Preliminary Review

(a) Referral to a Judge. The clerk must promptly forward the motion to the judge who conducted the trial and imposed sen- tence or, if the judge who imposed sentence was not the trial judge, to the judge who conducted the proceedings being chal- lenged. If the appropriate judge is not available, the clerk must forward the motion to a judge under the court's assignment proce- dure. (b) Initial Consideration by the Judge. The judge who re- ceives the motion must promptly examine it. If it plainly appears from the motion, any attached exhibits, and the record of prior proceedings that the moving party is not entitled to relief, the judge must dismiss the motion and direct the clerk to notify the moving party. If the motion is not dismissed, the judge must order the United States attorney to file an answer, motion, or other re- sponse within a fixed time, or to take other action the judge may order.