John Charles Wellman v. United States of America

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

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Date Filed#Document Text
June 2, 2014 190 Featured Case 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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Movant: John Charles Wellman
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Respondent: United States of America
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