Kizziah v. United States of America
| Carl Billy Kizziah |
| United States of America |
| 7:2023cv08026 |
| August 31, 2023 |
| US District Court for the Northern District of Alabama |
| L Scott Coogler |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
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NOTICE of RESETTING Hearing: Evidentiary Hearing is RESET for 12/4/2023 at 9:30 AM in Federal Building, Tuscaloosa, AL before Judge L Scott Coogler. (MEB2)
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Filing 10
Writ of Habeas Corpus ad Testificandum Issued as to Carl Billy Kizziah for 11/28/2023. (MEB2)
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Filing 9
ORDER - For the reasons provided in the Memorandum of Opinion entered contemporaneously herewith, the Court will hold a limited evidentiary hearing to resolve the sole issue of whether Petitioner Carl Billy Kizziah requested his attorney to file an appeal. This hearing will be held on November 28, 2023, at 2:30 PM, at the Tuscaloosa Federal Building and Courthouse, Tuscaloosa, Alabama. Jason Neff will be appointed as counsel for Petitioner. Signed by Judge L Scott Coogler on 10/13/2023. (MEB2)
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Filing 8
MEMORANDUM OF OPINION. Signed by Judge L Scott Coogler on 10/13/2023. (MEB2)
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Filing 7
RESPONSE to re #4 Amended Motion to Vacate, Set Aside or Correct Sentence (2255) filed by United States of America. (Attachments: #1 Affidavit)(Cross, Jonathan)
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Filing 6
ORDER Carl Billy Kizziah, hereinafter referred to as the movant, has filed with the Clerk of this Court a motion pursuant to 28 U.S.C. 2255. (Doc. 4.) On October 4, 2023, the Federal Public Defender's Office filed a motion for ruling on attorney-client privilege (doc. 5), asking this Court to rule on whether the movant had waived the attorney-client privilege with respect to confidential communications related to his criminal case. To the extent that the Federal Defender's response to the Government's request for an affidavit is in response to the assertion that it rendered ineffective assistance of counsel, the attorney-client privilege is clearly waived. Signed by Judge L Scott Coogler on 10/5/2023. (KAM)
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Filing 5
Unopposed MOTION For Ruling on Attorney-Client Privilege by Carl Billy Kizziah. (Butler, Kevin) Modified on 10/13/2023 (MEB2).
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Filing 4
AMENDED MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Carl Billy Kizziah. (MEB2)
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Filing 3
ORDER - On August 15, 2023, Carl Billy Kizziah filed with the Clerk of Court a motion pursuant to 28 U.S.C. 2255 (7:23-cv-8026-LSC). On September 14, 2023, another 2255 motion was filed by the Petitioner under a difference case number (7:23-cv-8032-LSC). This Court has found the only difference between the two motions is that 7:23-cv-8032-LSC contains two pages of facts not present in his initial motion in 7:23-cv-8026-LSC. Thus, this Court will construe the new filing as an attempt to amend the initial motion. Because the only addition in his second petition is two pages of facts relevant to the "conduct, transaction, or occurrence" set out in his initial 2255 motion, this Court finds it is a valid amendment to the initial pleading. Therefore, the Clerk is DIRECTED to close the second case (7:23-cv-8032-LSC) and file the initiating document as an amended petition in the above-styled case (7:23-cv-8026-LSC). Signed by Judge L Scott Coogler on 9/27/2023. (MEB2)
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Filing 2
ORDER - It is hereby ORDERED that the United States appear and file its answer in accordance with Rule 5 of the Rules Governing Section 2255 Proceedings within thirty (30) days from the date of this Order. Signed by Judge L Scott Coogler on 9/13/2023. (MEB2)
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Filing 1
MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Carl Billy Kizziah.(KAM)
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| Petitioner: Carl Billy Kizziah | |
| Represented By: | Jason C Neff |
| Represented By: | Kevin L Butler |
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| Respondent: United States of America | |
| Represented By: | Prim F. Escalona, US Attorney |
| Represented By: | Jonathan S Cross |
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