Shaffier v. United States of America
Petitioner: Michael R. Shaffier, Jr.
Respondent: United States of America
Material Witness: Brian P. Mullins
Case Number: 4:2019cv04099
Filed: May 10, 2019
Court: US District Court for the Central District of Illinois
Presiding Judge: Sara Darrow
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 8, 2019 Filing 6 MOTION to Extend Deadline to Submit Affidavit from July 9 to July 23, 2019 by Material Witness Brian P. Mullins. Responses due by 7/22/2019 (Mullins, Brian)
July 8, 2019 Opinion or Order TEXT ORDER entered by Chief Judge Sara Darrow on July 8, 2019. Attorney Brian Mullins filed a #6 Motion to Extend Deadline to Submit Affidavit. His affidavit is currently due to the United States Attorney's Office, Central District of Illinois by July 9, 2019. See June 25, 2019 Text Order. Mr. Mullins requests an extension to July 23, 2019. The Court finds that his #6 motion sets forth good cause for an extension, see Fed. R. Civ. P. 6(b)(1)(A), and GRANTS the #6 motion. The affidavit is now due July 23, 2019. This extension necessitates an extension of the Government's deadline to respond to the #1 motion. The response is currently due July 12, 2019. The Court sua sponte extends the Government's response deadline to August 6, 2019. (KML, ilcd)
June 25, 2019 Opinion or Order TEXT ORDER entered by Chief Judge Sara Darrow on June 25, 2019. The Government filed a #4 motion for an order finding that Petitioner Michael Shaffier has waived his attorney-client privilege as to the ineffective assistance of counsel claims raised in his #1 motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 and directing Shaffier's counsel, Brian Mullins, to provide an affidavit to the Government responding to those claims. Shaffier did not respond to the #4 motion. The Court GRANTS the #4 motion. Many federal circuits have held that a section 2255 petitioner claiming ineffective assistance of counsel waives his attorney-client privilege "with respect to communications with his attorney necessary to prove or disprove his claim." See United States v. Pinson, 584 F.3d 972, 978 (10th Cir. 2009) (collecting controlling authority from the Fifth, Sixth, Eighth, Ninth, and Eleventh Circuits). While no such definitive precedent exists in this Circuit, district courts routinely cite Pinson and issue orders to former defense counsel to produce affidavits to the extent that a habeas petitioner has waived the privilege. See, e.g., Cary v. United States, No. 13-cv-1529, 2013 WL 6797170, at *1 (C.D. Ill. Dec. 23, 2013). Here, Shaffier alleges that Mr. Mullins provided ineffective assistance. Based on these allegations, the Court finds that Shaffier has waived his attorney-client privilege with respect to any and all communications between him and Mr. Mullins relating to: (i) discussions and actions relating to the conditions of Shaffier's detention, the investigation by social services of Shaffier's family, and plea negotiations; (ii) discussions regarding conditions of supervised release and waiving the reading in open court; (iii) discussions regarding motions to suppress, investigation of a defense, and witnesses suggested by Shaffier; (iv) discussions regarding Shaffier's objections to the presentence investigation report, and any bias by the Court; and (v) discussions regarding issues for appeal, withdrawal from representation, and discussions with Attorney Carlson regarding Shaffier. It is hereby ordered that within 14 days of entry of this Order, Mr. Mullins shall submit to the United States Attorney's Office, Central District of Illinois, an affidavit addressing Shaffier's claims in his #1 motion. It is further ordered that the Government shall include a copy of counsel's affidavit with its response to Shaffier's #1 motion and shall include a copy of the affidavit in the response served on Shaffier. The Clerk is directed to send a copy of this Order and Shaffier's #1 motion to Mr. Mullins. The Clerk is also directed to mail to Shaffier another copy of the Court's May 13, 2019 Order, along with a copy of this Order. The first copy of the May 13, 2019 Order was returned as undeliverable, see #5 , but BOP records indicate Shaffier has not changed facilities and there is no indication he did not receive the Court's May 22, 2019 Order or the Government's #4 motion. (KML, ilcd)
June 10, 2019 Opinion or Order Filing 5 Mail Returned as Undeliverable, regarding TEXT ORDER entered by Chief Judge Sara Darrow on May 13, 2019. (RL, ilcd)
May 29, 2019 Filing 4 MOTION for Order by Respondent United States of America. Responses due by 6/12/2019 (Attachments: #1 Text of Proposed Order)(Raya, Alyssa)
May 22, 2019 Opinion or Order TEXT ORDER entered by Chief Judge Sara Darrow on May 22, 2019. Petitioner Michael Shaffier filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255, and a #2 motion to leave to proceed in forma pauperis. There is no fee for cases filed pursuant to 28 U.S.C. 2255. Petitioner's #2 motion to proceed in forma pauperis is DENIED with leave to refile if establishing indigency becomes necessary. (HR, ilcd)
May 13, 2019 Opinion or Order TEXT ORDER entered by Chief Judge Sara Darrow on May 13, 2019. Pursuant to 28 U.S.C. 2255 and Rule 4 of the Rules Governing Section 2255 Cases, the Court's preliminary review indicates that the Petition could have merit and therefore orders Respondent to show cause within 60 days after service of this Order why said writ should not be granted. The Respondent may file an answer, motion, or other response; answers shall comply with Rule 5 of the Rules Governing Section 2255 Cases. After Respondent has filed its response, Petitioner is ordered to file any traverse or reply to the response within 30 days after service of said response on him. The Court admonishes Petitioner that a failure to reply to the response pursuant to 28 U.S.C. 2248 will cause the Court to take the allegations in the response to the Petition as true except to the extent that the judge finds from the evidence that they are not true. Petitioner shall serve upon Respondent or, if appearance has been entered by counsel, upon its attorney, a copy of every further pleading or other document submitted for consideration by the Court. Petitioner shall include with the original paper to be filed with the Clerk of the Court a certificate stating the date that a true and correct copy of any document was mailed to Respondent or its counsel. Any paper received by this Court which has not been filed with the Clerk or which fails to include a certificate of service will be disregarded by the Court. Petitioner must immediately notify the Court of any change in his mailing address. Failure to notify the Court of any change in mailing address will result in dismissal of this lawsuit, with prejudice. (KML, ilcd)
May 10, 2019 Filing 3 Remark: Criminal Indictment and Judgment and Commitment Order - see criminal case number 16-40075. (Attachments: #1 judgment, #2 amended) (ED, ilcd)
May 10, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by Petitioner Michael R. Shaffier, Jr. Responses due by 5/24/2019. (ED, ilcd)
May 10, 2019 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Michael R. Shaffier, Jr.(ED, ilcd)

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Petitioner: Michael R. Shaffier, Jr.
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Respondent: United States of America
Represented By: Alyssa A Raya
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Material witness: Brian P. Mullins
Represented By: Brian Patrick Mullins
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