Hurley v. USA
| Oliver Lee Hurley |
| USA |
| 3:2023cv08536 |
| August 16, 2023 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Eileen S Willett |
| Prisoner: Vacate Sentence - Habeas Corpus |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 13
ORDER granting #11 the Government's Motion to Extend Time to File 2255 Response. Respondent shall file a response to Petitioner's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside or Correct Sentence By A Person in Federal Custody (Doc. #1 ) no later than January 22, 2024. Signed by Magistrate Judge Eileen S Willett on 10/11/2023. (WLP)
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| Filing 11 MOTION for Extension of Time To File 2255 Response by USA. (Attachments: #1 Proposed Order)(Crowley, Jason) |
| Filing 12 Mail Returned as Undeliverable. Mail sent to Oliver Lee Hurley. Reason for return: No Longer at this Address. Document number #8 . (KJ) |
| Filing 10 RESPONSE (titled Motion to Reply to Respondent's Motion) to #7 Motion For Order To Declare Attorney Client Privilege Waived by Petitioner Oliver Lee Hurley. (4 pages) (WLP) |
| Filing 9 MOTION to Appoint Counsel by Oliver Lee Hurley. (2 pages) (WLP) |
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Filing 8
ORDER granting #7 Motion for Order to Declare Attorney-Client Privilege Waived as follows: By October 10, 2023, Movant may elect to withdraw his IAC claim presented in his 2255 Motion. If Movant does not withdraw his IAC claim by October 10, 2023, then the following Orders become immediately effective: 1. The attorney-client privilege between Movant and his former counsel Taylor W. Fox is deemed WAIVED as necessary for the Government to respond to the merits of Movant's IAC claim raised in the 2255 Motion. 2. The Government may secure a written declaration from Movant's former counsel, Taylor W. Fox, as to the IAC claim raised in the 2255 Motion. 3. The substance of the communications between Petitioner and Taylor W. Fox, and the resulting declarations from Taylor W. Fox, may be used only by representatives of the United States Department of Justice and only for purposes of any proceedings incident to litigating the claims presented in the 2255 Motion. This Order shall continue in effect after the conclusion of the 2255 proceedings and specifically shall apply in the event of a retrial of all or any portion of the Petitioner's criminal case, except that either party maintains the right to request modification or vacation of this order upon entry of final judgment in this matter. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 9/26/2023. (WLP)
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| Filing 7 MOTION For Order To Declare Attorney Client Privilege Waived by USA. (Attachments: #1 Proposed Order)(Crowley, Jason) |
| Filing 6 SUPPLEMENT re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255) by Petitioner Oliver Lee Hurley. (7 Pages) (REK) |
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Filing 5
Service Order (2255) - Movant's Declaration in Support of Request to Proceed In Forma Pauperis (Doc. #2 ) is denied as moot. Movant's letter (Doc. #3 ) seeking a file-stamped copy of the 2255 Motion is denied. The Clerk of Court must electronically serve a copy of the 2255 Motion (Doc. #1 ) and this Order on the United States Attorney for the District of Arizona pursuant to Rule 4, Rules Governing Section 2255 Cases, and the Memorandum of Understanding between the United States District Clerk of Court for the District of Arizona and the United States Attorney's Office for the District of Arizona. The parties and the Clerk of Court must file all documents related to the 2255 Motion in the civil case. The United States Attorney for the District of Arizona or his designee has 60 days from the date of service within which to answer the 2255 Motion. Movant may file a reply within 30 days from the date of service of the answer to the 2255 Motion. The matter is referred to Magistrate Judge Eileen S. Willett pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. See document for complete details. Signed by Judge Dominic W Lanza on 8/24/2023. (Attachments: #1 Motion to Vacate)(WLP)
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| Filing 4 NOTICE OF ASSIGNMENT (BAS) |
| Filing 3 Prisoner Trust Fund Account Statement by Oliver Lee Hurley. (2 pages) (BAS) |
| Filing 2 Declaration in support of Request to Proceed In Forma Pauperis by Oliver Lee Hurley. (2 pages)(BAS) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) re: Criminal Case No CR20-8085-PCT-DWL filed by Oliver Lee Hurley. (20 pages) (Attachments: #1 envelope)(BAS) |
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| Petitioner: Oliver Lee Hurley | |
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| Respondent: USA | |
| Represented By: | Jason Thomas Crowley |
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