VIALVA v. WARDEN et al
Petitioner: CHRISTOPHER ANDRE VIALVA
Respondent: UNITED STATES OF AMERICA and WARDEN
Case Number: 2:2020cv00413
Filed: August 10, 2020
Court: US District Court for the Southern District of Indiana
Presiding Judge: Jane Magnus-Stinson
Referring Judge: Doris L Pryor
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2020 Filing 26 USCA Case Number 20-2710 for #22 Notice of Appeal filed by CHRISTOPHER ANDRE VIALVA. (RSF)
September 9, 2020 Filing 25 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #22 Notice of Appeal. - for Court of Appeals Use Only. (RSF)
September 9, 2020 Filing 24 ***DEATH PENALTY CASE*** PARTIES' SHORT RECORD re #22 Notice of Appeal - Instructions for Attorneys/Parties attached. (RSF)
September 8, 2020 Filing 23 DOCKETING STATEMENT by CHRISTOPHER ANDRE VIALVA re #22 Notice of Appeal (Rolls, Emma)
September 8, 2020 Filing 22 NOTICE OF APPEAL as to #21 Closed Judgment, #20 Order on Motion to Stay, filed by Petitioner CHRISTOPHER ANDRE VIALVA. (No fee paid with this filing) (Rolls, Emma)
September 8, 2020 Opinion or Order Filing 21 Final Judgment - The Court now enters final judgment. The petition for a writ of habeas corpus is denied. (See Order.) Signed by Judge Jane Magnus-Stinson on 9/8/2020.(RSF)
September 8, 2020 Opinion or Order Filing 20 Order Denying Petition for a Writ of Habeas Corpus - Mr. Vialva raises a significant claim that the lone learned counsel who represented him at trial labored under a conflict of interest because counsel was seeking employment with the United States Attorney's Office during the course of his representation of Mr. Vialva. But Mr. Vialva has already raised that claim in prior proceedings under 28 U.S.C. 2255 and was unsuccessful. Here, Mr. Vialva's petition for a writ of habeas corpus must be denied as barred by 28 U.S.C. 2255(e). Mr. Vialva's motion to stay execution, dkt. #13 , is denied because Mr. Vialva has not shown a strong probability of success on his claims. Final judgment shall now enter. (See Order.) Signed by Judge Jane Magnus-Stinson on 9/8/2020. (RSF)
September 3, 2020 Filing 19 REPLY in Support of Motion re #13 MOTION to Stay of Execution , filed by Petitioner CHRISTOPHER ANDRE VIALVA. (Rolls, Emma)
September 1, 2020 Filing 18 RESPONSE in Opposition re #13 MOTION to Stay of Execution . (Berenguer, Elizabeth)
September 1, 2020 Opinion or Order Filing 17 Order Granting Motion to File Response - The respondent's motion to file a response to the petitioner's motion to stay execution, dkt. #15 , is granted to the extent that the respondent shall have through September 2, 2020, to file a response. The proposed response is not deemed filed. Mr. Vialva shall have through September 4, 2020, to file a reply in support of his motion to stay execution. Signed by Judge Jane Magnus-Stinson on 9/1/2020. (KAA)
September 1, 2020 Filing 16 Supplemental Reply re #11 Return to Order to Show Cause, filed by CHRISTOPHER ANDRE VIALVA.. (Attachments: #1 Exhibit 1 - 5th Cir. Judicial Conduct)(Otto, Susan) Modified on 9/1/2020 - updated title (RSF).
September 1, 2020 Filing 15 Unopposed MOTION for Leave to File Response to Petitioner's Motion for Stay of Execution. (Attachments: #1 Exhibit Proposed Response)(Berenguer, Elizabeth)
August 31, 2020 Filing 13 MOTION to Stay of Execution, filed by Petitioner CHRISTOPHER ANDRE VIALVA. (Attachments: #1 Text of Proposed Order)(Otto, Susan)
August 31, 2020 Filing 12 Reply re #11 Return to Order to Show Cause, filed by CHRISTOPHER ANDRE VIALVA.. (Otto, Susan)
August 28, 2020 Opinion or Order Filing 14 ORDER granting #10 Motion for Leave to File Oversized Brief. Respondent is permitted to file an oversized brief. Respondent's Return to Order to Show Cause Dkt. #11 is accepted by the Court with a filing date of August 25, 2020. Signed by Magistrate Judge Doris L. Pryor on 8/28/2020. (KAA)
August 25, 2020 Filing 11 RETURN TO ORDER TO SHOW CAUSE, re #6 Order to Show Cause.. (Berenguer, Elizabeth)
August 25, 2020 Filing 10 MOTION for Leave to File Oversized Brief. (Attachments: #1 Text of Proposed Order)(Berenguer, Elizabeth)
August 18, 2020 Filing 9 NOTICE of Appearance for Respondent (Berenguer, Elizabeth) Modified on 8/19/2020 (KAA).
August 12, 2020 Opinion or Order Filing 8 ORDER granting #4 Motion to Appear pro hac vice. Attorney Emma Victoria Rolls for CHRISTOPHER ANDRE VIALVA added. Signed by Magistrate Judge Doris L. Pryor on 8/12/2020. (KAA)
August 12, 2020 Opinion or Order Filing 7 ORDER granting #3 Motion to Appear pro hac vice, Susan M. Otto appearing as counsel on behalf of the Plaintiff, Christopher Andre Vialva. Signed by Magistrate Judge Doris L. Pryor on 8/12/2020. (KAA)
August 11, 2020 Opinion or Order Filing 6 ORDER TO SHOW CAUSE - The United States shall have through August 25, 2020, to answer the allegations of the petition and show cause why the relief sought should not be granted. Mr. Vialva shall have through September 1, 2020, to reply. The Court does not anticipate extending these deadlines absent extraordinary circumstances. Mr. Vialva's motion for leave to proceed in forma pauperis, dkt. #2 , is granted. See Order. Signed by Judge Jane Magnus-Stinson on 8/11/2020.(KAA)
August 11, 2020 Filing 5 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (RSF)
August 10, 2020 Filing 4 MOTION for Attorney(s) Emma V. Rolls to Appear pro hac vice (No fee paid with this filing), filed by Petitioner CHRISTOPHER ANDRE VIALVA. (Attachments: #1 Text of Proposed Order)(Otto, Susan)
August 10, 2020 Filing 3 MOTION for Attorney(s) Susan M. Otto to Appear pro hac vice (No fee paid with this filing), filed by Petitioner CHRISTOPHER ANDRE VIALVA. (Attachments: #1 Text of Proposed Order Proposed Order)(Otto, Susan)
August 10, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis , filed by Petitioner CHRISTOPHER ANDRE VIALVA. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit 1 - Order Appointing, #3 Exhibit 2 - Inmate Trust Account)(Otto, Susan)
August 10, 2020 Filing 1 PETITION for Writ of Habeas Corpus Pursuant 28 U.S.C. Sec. 2241, filed by CHRISTOPHER ANDRE VIALVA. (No fee paid with this filing) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Index to Exhibits, #3 Exhibit 1 - Order Denying 2255, #4 Exhibit 2 - Order Denying Reconsideration, #5 Exhibit 3 - Sept 28 2016 Fifth Cir Order Smith, #6 Exhibit 4 - Dec 4 2015 Fifth Cir Order Smith, #7 Exhibit 5 - Redacted Complaint, #8 Exhibit 6 - Denying Rule 60(b), #9 Exhibit 7 - Decl of Lucien Campbell, #10 Exhibit 8 - Decl of Richard Burr, #11 Exhibit 9 - Decl of Lawrence Fox, #12 Exhibit 10 - Trans Hearing on Conflict, #13 Exhibit 11 - Ltr Otto to Goains, #14 Exhibit 12 - Ltr Goains to Otto, #15 Exhibit 13 - Decl Lisa McCalmont, #16 Exhibit 14 - Electronic Mail Schwieger to Lisa Brown, #17 Exhibit 15 - Decl of George Rawlings, #18 Exhibit 16 - Decl of Robert White, #19 Exhibit 17 - Decl of Tena Francis, #20 Exhibit 18 - Decl of Tina Erdmann, #21 Exhibit 19 - Decl of Debbie Bynum, #22 Exhibit 20 - Decl of Daneen Milam, #23 Exhibit 21 Decl of Rowallan Vialva, #24 Exhibit 22 - Decl of Stanley Schwieger, #25 Exhibit 23 - Decl of Jacorby Smith, #26 Exhibit 24 - Decl of James Davidson, #27 Exhibit 25 - Decl of Jessica Haskins, #28 Exhibit 26 - Decl of Jenell Hamilton, #29 Exhibit 27 - Decl of Benjamin Sims, #30 Exhibit 28 - Decl of Charlene Burke, #31 Exhibit 29 - Decl of Dwight Stewart, #32 Exhibit 30 - Decl of Patrick Brockett, #33 Exhibit 31 - Decl of Mark Cunningham, #34 Exhibit 32 - Decl of Stanley Schieger, #35 Exhibit 33 - Amended Notice, #36 Exhibit 34 - Ltr fr Steve Losch, #37 Exhibit 35 - Decl of Kay Losch, #38 Exhibit 36 - Ltr Vialva to Schwieger, #39 Exhibit 37 - Vialva Ltr to Clerk)(Otto, Susan)

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Petitioner: CHRISTOPHER ANDRE VIALVA
Represented By: Susan Margaret Otto
Represented By: Emma Victoria Rolls
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Respondent: UNITED STATES OF AMERICA
Represented By: Elizabeth Rachel Berenguer
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Respondent: WARDEN
Represented By: Elizabeth Rachel Berenguer
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