James T. Washington v. United States of America

Justia Dockets & Filings Fourth Circuit West Virginia Southern District James T. Washington v. United States of America

James T. Washington v. United States of America

Respondent:	United States of America
Movant:	James T. Washington
Case Number:	2:2014cv13603
Filed:	March 31, 2014
Court:	US District Court for the Southern District of West Virginia
Office:	Charleston Office
County:	Kanawha
Presiding Judge:	Cheryl A. Eifert
Presiding Judge:	David A. Faber
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
November 23, 2015	Filing 72 MEMORANDUM OPINION AND ORDER adopting 71 Proposed Findings and Recommendations as to James T. Washington granting defendant's 52 MOTION to Vacate, Set Aside or Correct Sentence (2255); directing that defendant's judgment of conviction i s hereby vacated; directing that defendant's remaining claims are hereby dismissed without prejudice; directing the Federal Public Defender to undertake representation of petitioner for the purpose of pursuing his direct appeal or, if the Office is unable to represent defendant, refer the matter to the CJA Supervising Attorney so that counsel may be appointed. Signed by Judge David A. Faber on 11/23/2015.(cc: Judge, USA, counsel, movant, CJA Supervising Atty) (mek)
June 10, 2014	Filing 57 MEMORANDUM OPINION AND ORDER granting in part and denying in part, as set forth more fully herein, the United States' 56 MOTION for an Order Directing Movant to File a Privilege Waiver and an Order Directing Movant's Former Counsel to Provide Information to the United States Concerning Movant's Claim of Ineffective Assistance of Counsel and an Abeyance of Time to File Response; denying the Government's request for a written privilege waiver, directing movant's trial counsel, Mr. Lex Coleman, to file within 30 days from the date of this Order an affidavit responding only to movant's specific claims of ineffective assistance of counsel; the attorney-client privilege, which attaches to the communications betw een movant and Coleman, shall not be deemed automatically waived in any other Federal or State proceeding by virtue of the herein ordered disclosure in this § 2255 proceeding; granting the United States' motion for an abeyance; upon receipt of the affidavit and supporting documentation, if any, the undersigned will review the matter to determine whether an evidentiary hearing is necessary; upon completion of the review, the undersigned will issue an appropriate scheduling order. Signed by Magistrate Judge Cheryl A. Eifert on 6/10/2014. (cc: attys; any unrepresented party) (taq)

Date Filed

Document Text

November 23, 2015

Filing 72 MEMORANDUM OPINION AND ORDER adopting 71 Proposed Findings and Recommendations as to James T. Washington granting defendant's 52 MOTION to Vacate, Set Aside or Correct Sentence (2255); directing that defendant's judgment of conviction i s hereby vacated; directing that defendant's remaining claims are hereby dismissed without prejudice; directing the Federal Public Defender to undertake representation of petitioner for the purpose of pursuing his direct appeal or, if the Office is unable to represent defendant, refer the matter to the CJA Supervising Attorney so that counsel may be appointed. Signed by Judge David A. Faber on 11/23/2015.(cc: Judge, USA, counsel, movant, CJA Supervising Atty) (mek)

June 10, 2014

Filing 57 MEMORANDUM OPINION AND ORDER granting in part and denying in part, as set forth more fully herein, the United States' 56 MOTION for an Order Directing Movant to File a Privilege Waiver and an Order Directing Movant's Former Counsel to Provide Information to the United States Concerning Movant's Claim of Ineffective Assistance of Counsel and an Abeyance of Time to File Response; denying the Government's request for a written privilege waiver, directing movant's trial counsel, Mr. Lex Coleman, to file within 30 days from the date of this Order an affidavit responding only to movant's specific claims of ineffective assistance of counsel; the attorney-client privilege, which attaches to the communications betw een movant and Coleman, shall not be deemed automatically waived in any other Federal or State proceeding by virtue of the herein ordered disclosure in this § 2255 proceeding; granting the United States' motion for an abeyance; upon receipt of the affidavit and supporting documentation, if any, the undersigned will review the matter to determine whether an evidentiary hearing is necessary; upon completion of the review, the undersigned will issue an appropriate scheduling order. Signed by Magistrate Judge Cheryl A. Eifert on 6/10/2014. (cc: attys; any unrepresented party) (taq)

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Movant: James T. Washington
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Respondent: United States of America
Represented By:	Monica D. Coleman
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