Kloszewski v. United States of America
Plaintiff: Gustav Kloszewski
Defendant: United States of America
Case Number: 1:2020cv03998
Filed: May 21, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Alvin K Hellerstein
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
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This docket was last retrieved on November 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 8, 2020 Filing 4 NOTICE OF FILING SWORN AFFIDAVIT OF NON-PARTY RALPH ABRAVAYA. Document filed by Gustav Kloszewski. (sc)
June 5, 2020 Opinion or Order Filing 3 ORDER: Petitioner Gustav Kloszewski filed a petition pursuant to 28 U.S.C. 2255 to vacate his conviction for conspiracy to traffic in firearms, in violation of 18 U.S.C. 371; firearms trafficking, in violation of 18 U.S.C. 922(a)(1)(A) and 924(a)(1)(D); Hobbs Act robbery conspiracy, in violation of 18 U.S.C. 1951; and conspiracy to distribute and possess with intent to distribute controlled substances, in violation of 21 U.S.C. 841(b)(1)(A) and 846. Petitioner argues that he received ineffective assistance of counsel because his trial counsel, Patrick Joyce, advised him to reject a plea agreement and failed to question potentially exculpatory witnesses. Prior to ordering further briefing or ruling on the petition, the Court seeks a response from Mr. Joyce. "The attorney-client privilege is implicitly waived when the defendant asserts a claim of ineffective assistance of counsel." Mendivelso v. United States, 507 F. Supp. 2d 331, 339 & n.3 (S.D.N.Y. 2007). By June 26, 2020, Mr. Joyce shall provide a sworn declaration responding to the factual assertions underlying Petitioner's claims of ineffective assistance of counsel. Mr. Joyce need not recite the factual and procedural history of the case but instead should focus his declaration on the particular facts relevant to the petition. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/5/2020) (va)
May 21, 2020 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 16-cr-200 (AKH).Document filed by Gustav Kloszewski..(rdz)
May 21, 2020 Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz)
May 21, 2020 Case Designated ECF. (rdz)

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Plaintiff: Gustav Kloszewski
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Defendant: United States of America
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