John Charles Wellman v. United States of America

Justia Dockets & Filings Fourth Circuit West Virginia Southern District John Charles Wellman v. United States of America

John Charles Wellman v. United States of America

Respondent:	United States of America
Movant:	John Charles Wellman
Case Number:	1:2013cv07949
Filed:	April 12, 2013
Court:	US District Court for the Southern District of West Virginia
Office:	Bluefield Office
County:	Mercer
Presiding Judge:	Thomas E. Johnston
Presiding Judge:	Dwane L. Tinsley
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence
Jury Demanded By:	None

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Date Filed	Document Text
May 12, 2016	Filing 197 MEMORANDUM OPINION AND ORDER as to John Charles Wellman: The Court DENIES AS MOOT Movant's 185 MOTION to Vacate, Set Aside or Correct Sentence (2255); DENIES David R. Bungard's 191 MOTION to Seal his first affidavit and DENIES AS MOOT M r. Bungard's 196 MOTION to Seal his second affidavit. The Clerk is DIRECTED to unseal each motion to seal, and to unseal and docket the accompanying attachments to each motion. The Clerk is DIRECTED to create one docket entry for the first swo rn affidavit and its accompanying exhibits, and another for the second sworn affidavit and its accompanying exhibit. The Court DISMISSES this civil action and DIRECTS the Clerk to remove this matter from the Court's docket. Signed by Judge Thomas E. Johnston on 5/12/2016. (certified cc: counsel of record and any unrepresented party) (arb)
June 2, 2014	Filing 190 MEMORANDUM OPINION AND ORDER: It is ORDERED that the United States' [189-1] Motion for a Written Privilege Waiver is DENIED. However, it is further ORDERED that the United States' [189-2] Motion for an Order Directing Movant's Former C ounsel to Provide Information to the United States Concerning Movant's Claim of Ineffective Assistance of Counsel is GRANTED to the extent that Movant's trial counsel, Mr. David Bungard, is ORDERED to file an affidavit by 7/2/2014. It is OR DERED that the attorney-client privilege, which attaches to the communications between Movant and Mr. Bungard, shall not be deemed automatically waived in any other Federal or State proceeding. Finally, it is hereby ORDERED that the United States 9; [189-3] Motion for an Abeyance is GRANTED. It is further ORDERED that the United States' response to Movant's Section 2255 Motion shall be filed by 7/16/2014, and Movant's reply shall be filed by 9/1/2014. Signed by Magistrate Judge Dwane L. Tinsley on 6/2/2014. (cc: Movant; counsel of record and Mr. David Bungard, Assistant Federal Public Defender) (arb)

Date Filed

Document Text

May 12, 2016

Filing 197 MEMORANDUM OPINION AND ORDER as to John Charles Wellman: The Court DENIES AS MOOT Movant's 185 MOTION to Vacate, Set Aside or Correct Sentence (2255); DENIES David R. Bungard's 191 MOTION to Seal his first affidavit and DENIES AS MOOT M r. Bungard's 196 MOTION to Seal his second affidavit. The Clerk is DIRECTED to unseal each motion to seal, and to unseal and docket the accompanying attachments to each motion. The Clerk is DIRECTED to create one docket entry for the first swo rn affidavit and its accompanying exhibits, and another for the second sworn affidavit and its accompanying exhibit. The Court DISMISSES this civil action and DIRECTS the Clerk to remove this matter from the Court's docket. Signed by Judge Thomas E. Johnston on 5/12/2016. (certified cc: counsel of record and any unrepresented party) (arb)

June 2, 2014

Filing 190 MEMORANDUM OPINION AND ORDER: It is ORDERED that the United States' [189-1] Motion for a Written Privilege Waiver is DENIED. However, it is further ORDERED that the United States' [189-2] Motion for an Order Directing Movant's Former C ounsel to Provide Information to the United States Concerning Movant's Claim of Ineffective Assistance of Counsel is GRANTED to the extent that Movant's trial counsel, Mr. David Bungard, is ORDERED to file an affidavit by 7/2/2014. It is OR DERED that the attorney-client privilege, which attaches to the communications between Movant and Mr. Bungard, shall not be deemed automatically waived in any other Federal or State proceeding. Finally, it is hereby ORDERED that the United States 9; [189-3] Motion for an Abeyance is GRANTED. It is further ORDERED that the United States' response to Movant's Section 2255 Motion shall be filed by 7/16/2014, and Movant's reply shall be filed by 9/1/2014. Signed by Magistrate Judge Dwane L. Tinsley on 6/2/2014. (cc: Movant; counsel of record and Mr. David Bungard, Assistant Federal Public Defender) (arb)

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