Allen v. United States of America
| Benjamin Allen, III |
| United States of America |
| Derrick W. Lefler |
| 1:2020cv00234 |
| April 1, 2020 |
| US District Court for the Southern District of West Virginia |
| Bluefield Office |
| Cheryl A Eifert |
| David A Faber |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on June 8, 2022. A more recent docket listing may be available from PACER.
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Filing 73
AFFIDAVIT of Derrick W. Lefler, dated 5/26/2020, filed on behalf of Benjamin Allen, III. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (cbo)
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Filing 72
Document 72 filed only in criminal case; not applicable to this proceeding. (cbo)
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Filing 71
Document 71 filed only in criminal case; not applicable to this proceeding. (cbo)
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Filing 70
MEMORANDUM OPINION AND ORDER as to Benjamin Allen, III re: Movant's #67 Motion Under 2255: The Court ORDERS Movant's prior counsel, Derrick W. Lefler, to file within 45 days of the date of this Order an affidavit responding to Movant's ineffective assistance of counsel claims set forth in the 2255 motion. The Court further ORDERS that the attorney-client privilege, which attaches to the communications between Movant and counsel, shall not be deemed as automatically waived in any other Federal or State proceeding by virtue of the above-ordered disclosure in this 2255 proceeding. The affidavit and documents supplied by counsel shall be limited to use in this proceeding, and Respondent is prohibited from otherwise using the privileged information disclosed by counsel without further order of a court of competent jurisdiction or a written waiver by Movant. The United States is ORDERED to answer said Motion within 45 days after the filing of Mr. Lefler's affidavit. Movant may, if he wishes, file a reply to the Answer of the United States within 45 days after service of the Answer by the United States. Signed by Magistrate Judge Cheryl A. Eifert on 4/8/2020. (cc: Movant and USA; cc w/copy of #67 Motion Under 2255: Attorney Derrick W. Lefler) (arb).
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Filing 69
CLERK'S NOTICE OF FILING OF 2255 MOTION by Benjamin Allen, III to U. S. Attorney with copy to Movant. (arb)
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Filing 68
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Cheryl A. Eifert for Findings of Fact and Recommendations for disposition. (cc: Judge Faber; Magistrate Judge Eifert; Defendant; USA; USM; USP) Cross Reference Criminal Number 1:18-cr-00154. (klc)
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CASE assigned to Judge David A. Faber. (klc)
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Filing 67
MOTION by Benjamin Allen, III to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to Title 28, United States Code, Section 2255. Cross Reference Criminal Case Number 1:18-cr-00154. (Attachment: #1 Cover Letter and Envelope) (arb)
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