Cruz v. United States of America
Petitioner: Anthony Cruz
Respondent: United States of America
Case Number: 2:2019cv00650
Filed: September 9, 2019
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Cheryl A Eifert
Referring Judge: Joseph R Goodwin
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 4, 2019 Opinion or Order Filing 205 ORDER re: #204 Response In Opposition; directing that Movant shall have thirty (30) days after service of this Order in which to file a reply. Signed by Magistrate Judge Cheryl A. Eifert on 11/4/2019. (cc: attys; Movant) (lca)
November 4, 2019 Opinion or Order Filing 204 RESPONSE by United States of America in opposition to #192 MOTION by Anthony Cruz to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to Title 28, United States Code, Section 2255. Cross Reference Criminal Case Number 2:18-cr-4-4. (Keefe, Ryan)
October 15, 2019 Opinion or Order Filing 203 AFFIDAVIT of Roger L. Lambert, dated October 15, 2019, filed on behalf of Anthony Cruz (Lambert, Roger)
September 24, 2019 Opinion or Order Filing 202 Document 202 filed only in criminal case; not applicable to this proceeding. (cbo)
September 20, 2019 Opinion or Order Filing 201 Document 201 filed only in criminal case; not applicable to this proceeding. (cbo)
September 20, 2019 Opinion or Order Filing 200 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Ryan Arthur Keefe substituting within-firm representation for John Frail on behalf of United States of America. (Keefe, Ryan) Modified document number on 9/20/2019 to correspond to companion criminal action 2:18-cr-00004-4 (cbo).
September 17, 2019 Opinion or Order Filing 199 MEMORANDUM OPINION AND ORDER as to Anthony Cruz; directing Movant's prior counsel, Roger L. Lambert, to file within thirty (30) days of the date of this Order an affidavit responding to Movant's ineffective assistance of counsel claims set forth in the #192 Motion to Vacate, Set Aside, or Correct Sentence. The Court further directs that the attorney client privilege, which attaches to the communications between Movant and counsel, shall not be deemed as automatically waived in any other Federal or State proceeding by virtue of the above-ordered disclosure in this 2255 proceeding. The United States is directed to answer said Motion within forty-five (45) days after the filing of Mr. Lambert's affidavit. Movant may, if he wishes, file a reply to the Answer of the United States within thirty (30) days after service of the Answer by the United States. Signed by Magistrate Judge Cheryl A. Eifert on 9/17/2019. (cc: attys; any unrepresented party) (lca) Modified document number on 9/20/2019 to correspond to companion criminal action 2:18-cr-00004-4 (cbo).
September 13, 2019 Opinion or Order Filing 198 Document 198 filed only in criminal case; not applicable to this proceeding. (cbo) Modified document number on 9/20/2019 to correspond to companion criminal action 2:18-cr-00004-4 (cbo).
September 11, 2019 Opinion or Order Filing 197 Document 197 filed only in criminal case; not applicable to this proceeding. (cbo) Modified document number on 9/20/2019 to correspond to companion criminal action 2:18-cr-00004-4 (cbo).
September 11, 2019 Opinion or Order Filing 196 CLERK'S NOTICE OF FILING OF 2255 MOTION by Anthony Cruz to U. S. Attorney with copy to Movant, Judge and Magistrate Judge. (tmr)
September 11, 2019 Opinion or Order Filing 195 Document 195 filed only in criminal case; not applicable to this proceeding. (cbo)
September 11, 2019 Opinion or Order Filing 194 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Cheryl A. Eifert for Findings of Fact and Recommendations for disposition. (cc: Judge Goodwin; Magistrate Judge Eifert; Defendant; USA; USM; USP) Cross Reference Criminal Number 2:18-cr-00004-04. (klc) Modified document number on 9/11/2019 to correspond to companion criminal action (cbo).
September 9, 2019 Opinion or Order Filing 193 Document 193 filed only in criminal case; not applicable to this proceeding. (cbo)
September 9, 2019 Opinion or Order Filing 192 MOTION by Anthony Cruz (pro se) to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to Title 28, United States Code, Section 2255. Cross Reference Criminal Case Number 2:18-cr-4-4. (lca) Modified document number on 9/11/2019 to correspond to companion criminal action (cbo).

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Respondent: United States of America
Represented By: John J. Frail
Represented By: Ryan Arthur Keefe
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Petitioner: Anthony Cruz
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