Eddington v. USA
| Donvie Sadan Eddington, Sr. |
| USA |
| 3:2022cv02001 |
| August 29, 2022 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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Filing 8
ORDER regarding the Government's Motion for an Extension of Time to File a Response (Doc. #6 ) to Petitioner's Amended Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 (Doc. #3 ). On October 3, 2022, the Court found Petitioner's Amended Motion survived preliminary review and directed the Government to file a response by November 2, 2022. Now, the Government's Motion requests an additional 45 days to respond to that Amended Motion. In support of that request, the Government notes its Motion for an Order Authorizing Defense Counsel to Provide a Written Response (Doc. #5 ) is presently pending before the Court. The Government further notes, on October 18, 2022, it requested copies of transcripts from Petitioner's plea and sentencing hearing. The Government anticipates receiving those transcripts in approximately two weeks. For these reasons, the Court GRANTS the Motion for an Extension of Time to File a Response. The Government's Response to Petitioner's Amended Motion is due on or before December 19, 2022. The date for Petitioner to file a Reply is likewise extended to January 18, 2023. (Government's Response due 12/19/2022, Petitioner's Reply due 1/18/2023). Signed by Judge David W. Dugan on 10/19/2022. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 7
ORDER regarding the Government's Motion for an Order Authorizing Defense Counsel to Provide a Written Response (Doc. #5 ). On September 29, 2022, Petitioner filed his pro se Amended Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255, which is based on the ineffective assistance of counsel. On October 3, 2022, the Court found the Amended Motion survived preliminary review and directed the Government to file a response by November 2, 2022. Now, the Government's Motion argues Petitioner's allegations directly or indirectly concern communications between himself and his attorney, Mr. David Brengle. The Government submits that it does not know the content of those communications and, absent information from Mr. Brengle, cannot respond to Petitioner's allegations. As such, the Government requests that the Court find Petitioner, by placing his communications with Mr. Brengle at issue, waived the attorney-client privilege. The Government further requests that the Court authorize Mr. Brengle to provide an affidavit in response to Petitioner's Amended Motion, including information usually protected by the attorney-client privilege. Therefore, the Court DIRECTS Petitioner to respond to the Government's Motion on or before Wednesday, November 9, 2022. (Petitioner's Response due 11/9/2022). Signed by Judge David W. Dugan on 10/19/2022. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 MOTION for Extension of Time to File Response/Reply as to #3 MOTION to Amend/Correct #1 Motion to Vacate/Set Aside/Correct Sentence (2255) MOTION to Appoint Counsel MOTION for Hearing MOTION to Copy by USA. (Hudson, Jennifer) |
| Filing 5 MOTION for Order to Authorize Defense Counsel to Provide Written Response by USA. (Hudson, Jennifer) |
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Filing 4
ORDER regarding the pro se Amended Motion to Vacate, Set Aside, or Correct Sentence (Doc. #3 ) of Petitioner, Donvie Sadan Eddington, Sr., under 28 U.S.C. 2255. Without commenting on the merits of his claims, the Court concludes Petitioner's Amended Motion survives preliminary review under Rule 4 of the Rules Governing Section 2255 Proceedings in the United States District Courts. Consequently, the Government is DIRECTED to respond to Petitioner's Amended Motion by November 2, 2022. The Government shall, as part of its response, attach all relevant portions of the record. Petitioner shall then have until December 2, 2022, to file a reply brief, which shall not exceed 5 pages. If the Court's review of the submitted filings indicates that it is necessary to appoint counsel for Petitioner and hold an evidentiary hearing, as requested by Petitioner, then the Court will immediately enter an appropriate notice and order. Pursuant to Petitioner's request and as a one-time courtesy, the Clerk is DIRECTED to provide Petitioner with a copy of Doc. #3 and of the Docket Sheet. Petitioner is advised that all future requests for copies must be submitted in writing along with the required prepayment of $.50 per page. (Government's Response due by 11/2/2022, Plaintiff's Reply due 12/2/2022). Signed by Judge David W. Dugan on 10/3/2022. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION to Amend/Correct #1 Motion to Vacate/Set Aside/Correct Sentence (2255), MOTION to Appoint Counsel, MOTION for Hearing, MOTION to Copy by Donvie Sadan Eddington, Sr. (kdw) |
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Filing 2
ORDER regarding the pro se Motion to Vacate, Set Aside, or Correct Sentence (Doc. #1 ) of Petitioner, Donvie Sadan Eddington, Sr., under 28 U.S.C. 2255. Consistent with the attached Order of the Court, Petitioner is DIRECTED to amend his Motion. Petitioner's Amended Motion shall be filed on or before Friday, September 23, 2022. Signed by Judge David W. Dugan on 9/7/2022. (jnh)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Donvie Sadan Eddington, Sr. (Attachments: #1 Letter to AUSA)(jaj) |
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| Petitioner: Donvie Sadan Eddington, Sr. | |
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| Respondent: USA | |
| Represented By: | Jennifer D.L. Hudson |
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