Bradford v. USA
| USA |
| David L Bradford |
| United States of America |
| 3:2019cv01022 |
| September 18, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 17
ORDER GRANTING #16 Motion for Order: The United States moves for an order from the Court authorizing Petitioner David Bradford's former defense counsel, John D. Stobbs, II, to provide an affidavit addressing Bradford's ineffective assistance of counsel claims against him. The Court GRANTS the motion and hereby FINDS that Bradford has waived the attorney-client privilege as to communications between him and Mr. Stobbs. See Bittaker v. Woodford, 331 F.3d 715, 716-17 (9th Cir. 2003) ("It has long been the rule in federal courts that, where a habeas petitioner raises a claim of ineffective assistance of counsel, he waives the attorney-client privilege as to all communications with the allegedly ineffective lawyer."). Defense counsel John D. Stobbs, II, is AUTHORIZED to provide a response to Bradford's allegations, which may include information ordinarily protected from disclosure by the attorney-client privilege. Signed by Chief Judge Nancy J. Rosenstengel on 11/5/2019. (mlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 MOTION for Order to Authorize Defense Counsel to Provide Written Response to Petitioner's 2255 Motion by USA. (Morrissey, Kit) |
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Filing 15
ORDER: To clarify the Court's previous Order granting the Government until December 20, 2019 to file a response (Doc. 14), Petitioner may file a reply brief (no longer than 5 pages) on or before January 3, 2020. (Action due by 1/3/2020.) Signed by Chief Judge Nancy J. Rosenstengel on 10/22/2019. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
ORDER GRANTING #13 Motion for Extension of Time. The Government shall file its response to Petitioner David Bradford's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. 2255 (Doc. 1) on or before December 20, 2019. Responses due by 12/20/2019. Signed by Chief Judge Nancy J. Rosenstengel on 10/22/2019. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 First MOTION for Extension of Time to File Response/Reply as to #1 Motion to Vacate/Set Aside/Correct Sentence (2255) by USA. (Morrissey, Kit) |
| Filing 12 NOTICE of Appearance by Kit R. Morrissey on behalf of USA (Morrissey, Kit) |
| Filing 11 NOTICE of Appearance by Julia A. Derish on behalf of David L Bradford (Derish, Julia) |
| Filing 10 Sealed Document re #1 Motion to Vacate/Set Aside/Correct Sentence (2255), #8 Memorandum in Support of 2255, by David L Bradford. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Berman, Jennifer) |
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Filing 9
ORDER: Petitioner David Bradford brings this action to vacate, set aside, or correct his federal sentence under 28 U.S.C. 2255. The petition survives preliminary review under Rule 4 and the USA is DIRECTED to respond to the petition on or before October 21, 2019. Petitioner may file a reply brief (no longer than 5 pages) on or before November 4, 2019. If review of the briefs indicates that an evidentiary hearing is warranted, the Court will set the hearing by separate notice. Furthermore, Petitioner's Motion for Leave to File Under Seal (Doc. #4 ) is GRANTED. Petitioner may file unredacted versions of his memorandum and accompanying exhibits under seal. Signed by Chief Judge Nancy J. Rosenstengel on 9/20/2019. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines: USA is DIRECTED to respond to the petition on or before October 21, 2019. Petitioner may file a reply brief (no longer than 5 pages) on or before November 4, 2019. (Responses due by 10/21/2019; Replies due by 11/4/2019). (lmb) |
| Filing 8 MEMORANDUM IN SUPPORT OF 2255 PETITION #1 Motion to Vacate/Set Aside/Correct Sentence (2255) by David L Bradford (Redacted) filed by David L Bradford. (Attachments: #1 Exhibit A - Sealed, #2 Exhibit B - Sealed, #3 Exhibit C - Sealed)(Berman, Jennifer) |
| Filing 7 Filing Fee of $5.00 refunded on this date. (jlrr) |
| Filing 6 Letter to AUSA informing her of filing of 2255. (jaj) |
| Filing 5 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 19-cv-1022-NJR. (jsm2) |
| REFUNDED-Filing fee: $5.00, receipt number 34625096094 (rah) Modified on 9/19/2019 (jlrr). |
| Filing 4 MOTION for Leave to File Under Seal by David L Bradford. (Berman, Jennifer) |
| Filing 3 NOTICE of Appearance by Sterling M. Paulson on behalf of David L Bradford (Paulson, Sterling) |
| Filing 2 NOTICE of Appearance by Jennifer H. Berman on behalf of David L Bradford (Berman, Jennifer) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) , filed by David L Bradford. (Attachments: #1 Civil Cover Sheet)(Berman, Jennifer) |
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