Fenderson v. USA
Petitioner: Tereze L. Fenderson
Respondent: USA
Case Number: 3:2019cv01025
Filed: September 19, 2019
Court: US District Court for the Southern District of Illinois
Presiding Judge: Nancy J Rosenstengel
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28:2255
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 12, 2019 Filing 7 NOTICE of Appearance by Karelia S. Rajagopal on behalf of USA (Rajagopal, Karelia)
November 8, 2019 Opinion or Order Filing 6 ORDER: Petitioner filed his (Doc. #5 ) Opposition re Motion for Extension of Time to File Response/Reply, which the Court previously ruled on (Doc. 4). The Court has considered Petitioner's arguments regarding the affidavits and the Court stands by its ruling. The Petitioner's Opposition to the Motion (Doc. #5 ) is DENIED as moot. Signed by Chief Judge Nancy J. Rosenstengel on 11/8/2019.(anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 7, 2019 Filing 5 Petitioner's Opposition re #3 MOTION for Extension of Time to File Response/Reply filed by Tereze L. Fenderson. (trb)
October 24, 2019 Opinion or Order Filing 4 ORDER GRANTING #3 Motion for Extension of Time to File Response/Reply by USA. The United States moves for an order from the Court authorizing Fenderson's former attorneys, David Brengle and Daniel Juengel, to provide affidavits addressing Fenderson's ineffective assistance of counsel claims against them. Many federal circuit courts have held, and this Court FINDS, that where a habeas petitioner raises a claim of ineffective assistance of counsel, he implicitly waives the attorney-client privilege as to the communications between the petitioner and his prior defense counsel that are at issue in the habeas proceeding. See United States v. Pinson, 584 F.3d 972, 977-78 (10th Cir. 2009); see also In re Lott, F. App'x 658 (6th Cir. 2005); see also Bittaker v. Woodford, 331 F.3d 715, 716-17 (9th Cir. 2003); see also Johnson v. Alabama, 256 F.3d 1156, 1178 (11th Cir. 2001); see also Tasby v. United States, 504 F.2d 332, 336 (8th Cir. 1974); see also Laughner v. United States, 373 F.2d 326, 327 (5th Cir. 1967). The Court DIRECTS former attorneys, David Brengle and Daniel Juengel to provide affidavits. Additionally, the Government's response is now due on or before December 27, 2019. Petitioner may file a reply brief (no longer than 5 pages) on or before January 10, 2020. Signed by Chief Judge Nancy J. Rosenstengel on 10/24/2019. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 22, 2019 Filing 3 MOTION for Extension of Time to File Response/Reply by USA. (Fischer, Amanda)
September 26, 2019 Opinion or Order Filing 2 ORDER setting Deadlines as to (Doc. 1) MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Petitioner Tereze L. Fenderson: A review of the Court's docket reveals Petitioner's pending pro se motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. The 2255 petition survives preliminary review under Rule 4 and the USA is DIRECTED to respond to the petition on or before October 28, 2019. Petitioner may file a reply brief (no longer than 5 pages) on or before November 18, 2019. If review of the briefs indicates that an evidentiary hearing is warranted, the Court will immediately set the hearing by separate notice. Signed by Chief Judge Nancy J. Rosenstengel on 9/26/2019. (jmp2)
September 19, 2019 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Tereze L. Fenderson. (Attachments: #1 Letter to AUSA)(jaj)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Fenderson v. USA
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: USA
Represented By: Amanda M. Fischer
Represented By: Karelia S. Rajagopal
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Tereze L. Fenderson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?