Mullins v. United States of America
Petitioner: Robert Daniel Mullins
Respondent: United States of America
Interested Party: David Bungard
Case Number: 2:2019cv00751
Filed: October 15, 2019
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Referring Judge: Cheryl A Eifert
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 October 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2019 Filing 54 SWORN AFFIDAVIT of David R. Bungard, dated 12/9/2019, filed on behalf of Robert Daniel Mullins, re: #52 Memorandum Opinion and Order. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (cbo)
October 24, 2019 Opinion or Order Filing 53 ORDER denying Petitioner's #47 MOTION for Recusal. Signed by Judge Irene C. Berger on 10/24/2019. (cc: attys; any unrepresented party) (lca)
October 23, 2019 Opinion or Order Filing 52 MEMORANDUM OPINION AND ORDER as to Robert Daniel Mullins; directing defendant's prior counsel David Bungard, to file within 45 days of the date of this Order an affidavit responding to defendant's ineffective assistance of counsel claims; directing 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 virtueof the above-ordered disclosure in this 2255 proceeding; directing the government to answer #43 MOTION by Robert Daniel Mullins to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to Title 28, United States Code, Section 2255, within 45 days after the filing of Mr. Bungard's affidavit; defendant may, if he wishes, file a reply to the answer of the government within 45 days after service of the Answer by the United States. Signed by Magistrate Judge Cheryl A. Eifert on 10/23/2019. (cc: attys; any unrepresented party; cc: 43,44 doc's to FPD) (tmr)
October 23, 2019 Opinion or Order Filing 51 MEMORANDUM OPINION AND ORDER denying #45 MOTION to Appoint Counsel by Robert D. Mullins; denying #46 MOTION for Discovery by Robert D. Mullins; denying #48 MOTION to Proceed Without Prepayment of Fees or Costs by Robert D. Mullins. Signed by Magistrate Judge Cheryl A. Eifert on 10/23/2019. (cc: attys; any unrepresented party) (tmr)
October 16, 2019 Filing 50 CLERK'S NOTICE OF FILING OF 2255 MOTION by Robert Daniel Mullins to U. S. Attorney with copy to Movant, Judge and Magistrate Judge. (tmr)
October 16, 2019 Filing 49 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 Berger; Magistrate Judge Eifert; Defendant; USA; USM; USP) Cross Reference Criminal Number 2:18-cr-00075. (klc) Modified document number on 10/16/2019 to correspond to companion criminal action 2:18-cr-00075 (cbo).
October 15, 2019 Filing 48 APPLICATION by Robert Daniel Mullins (pro se) to Proceed without Prepayment of Fees or Costs. (tmr) Modified document number on 10/16/2019 to correspond to companion criminal action 2:18-cr-00075 (cbo).
October 15, 2019 Filing 47 MOTION WITH MEMORANDUM IN SUPPORT by Robert Daniel Mullins (pro se) to Recuse. (tmr) Modified document number on 10/16/2019 to correspond to companion criminal action 2:18-cr-00075 (cbo).
October 15, 2019 Filing 46 REQUEST/MOTION by Robert Daniel Mullins (pro se) for Discovery. (tmr). Modified document number on 10/16/2019 to correspond to companion criminal action 2:18-cr-00075 (cbo).
October 15, 2019 Filing 45 MOTION by Robert Daniel Mullins (pro se) for Appointment of Counsel. (tmr) Modified document number on 10/16/2019 to correspond to companion criminal action 2:18-cr-00075 (cbo).
October 15, 2019 Filing 44 MEMORANDUM OF LAW by Robert Daniel Mullins (pro se) in support of 1 MOTION by Robert Daniel Mullins 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-00075. (tmr) Modified document number on 10/16/2019 to correspond to companion criminal action (cbo).
October 15, 2019 Filing 43 MOTION by Robert Daniel Mullins (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-00075. (tmr) Modified document number on 10/16/2019 to correspond to companion criminal action (cbo).

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Respondent: United States of America
Represented By: Jennifer Rada Herrald
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Petitioner: Robert Daniel Mullins
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Interested party: David Bungard
Represented By: David R. Bungard
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