Boston v. United States of America

Boston v. United States of America

Petitioner:	Ivan Boston
Respondent:	United States of America
Case Number:	1:2014cv03902
Filed:	June 20, 2014
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Dora Lizette Irizarry
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
July 31, 2017	Filing 21 ORDER RE ATTORNEY PRIVILEGE WAIVER -- Petitioner asserts a claim of ineffective assistance of counsel in his petition to vacate his conviction pursuant to 28 U.S.C. § 2255. Petitioner is advised that by making claims of ineffective assistance of counsel, he implicitly waives his attorney-client privilege as to all communications with his allegedly ineffective appellate attorney, Michele Hauser. Aladino v. United States, 2011 WL 6131175, at *2 (E.D.N.Y. Dec. 8, 2011) (finding an impli ed waiver because privilege cannot be used as both a sword and shield, and noting that counsel's response should be limited to matters necessary to rebut the allegations). The Court requests that Petitioner confirm his understanding of this waiv er, agree that the privilege as to communications with the above-named counsel is waived, and advise the Court as to whether he still wishes to proceed on his ineffective assistance of counsel claim by completing the ATTACHED WAIVER FORM and postmark ing it NO LATER THAN AUGUST 31, 2017. Once the Court is in receipt of Petitioner's waiver form, the Court will set an additional schedule for the submission of an affidavit from Petitioner's counsel, which does not have to be submitted e x parte, given the waiver of attorney-client privilege. The Clerk of the Court is directed to mail a copy of this Electronic Order and Attached Waiver Form to pro se Petitioner. SO ORDERED by Chief Judge Dora Lizette Irizarry on 07/31/2017. 31/2017. (Irizarry, Dora)

Date Filed

Document Text

July 31, 2017

Filing 21 ORDER RE ATTORNEY PRIVILEGE WAIVER -- Petitioner asserts a claim of ineffective assistance of counsel in his petition to vacate his conviction pursuant to 28 U.S.C. § 2255. Petitioner is advised that by making claims of ineffective assistance of counsel, he implicitly waives his attorney-client privilege as to all communications with his allegedly ineffective appellate attorney, Michele Hauser. Aladino v. United States, 2011 WL 6131175, at *2 (E.D.N.Y. Dec. 8, 2011) (finding an impli ed waiver because privilege cannot be used as both a sword and shield, and noting that counsel's response should be limited to matters necessary to rebut the allegations). The Court requests that Petitioner confirm his understanding of this waiv er, agree that the privilege as to communications with the above-named counsel is waived, and advise the Court as to whether he still wishes to proceed on his ineffective assistance of counsel claim by completing the ATTACHED WAIVER FORM and postmark ing it NO LATER THAN AUGUST 31, 2017. Once the Court is in receipt of Petitioner's waiver form, the Court will set an additional schedule for the submission of an affidavit from Petitioner's counsel, which does not have to be submitted e x parte, given the waiver of attorney-client privilege. The Clerk of the Court is directed to mail a copy of this Electronic Order and Attached Waiver Form to pro se Petitioner. SO ORDERED by Chief Judge Dora Lizette Irizarry on 07/31/2017. 31/2017. (Irizarry, Dora)

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 New York Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Boston v. United States of America
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Ivan Boston
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 ]
Respondent: United States of America
Represented By:	Michael P Canty
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?