Crum v. United States of America
| Gregory Crum |
| United States of America |
| 2:2019cv00817 |
| November 18, 2019 |
| US District Court for the Southern District of West Virginia |
| John T Copenhaver |
| Cheryl A Eifert |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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Filing 353
MEMORANDUM OPINION AND ORDER granting #350 MOTION for Leave to File and #352 Motion for an Abeyance; the Court ORDERS Movants prior counsel, Carl Hostler, to file within thirty (30) days from the date of this Order an affidavit responding to Movants claim of ineffective assistance of counsel. Accordingly, the Court further ORDERS 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 Court further GRANTS the United States motion for an abeyance. Within forty-five days (45) days of receipt of the affidavit, and supporting documentation if any, the United States shall file a responsive brief. The United States shall include a paragraph setting forth its view on whether an evidentiary hearing is required in this action. Movant shall have sixty (60) days thereafter to reply. Signed by Magistrate Judge Cheryl A. Eifert on 1/15/2020. (cc: counsel of record;movant, Attorney Carl Hostler) (lca)
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| Filing 352 MOTION by United States of America DIRECTING MOVANTS FORMER COUNSEL TO PROVIDE INFORMATION AND AN ABEYANCE Motion referred to Magistrate Judge Cheryl A. Eifert.(Heinrich, Nowles) |
| Filing 351 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Nowles Heinrich substituting within-firm representation for John J. Frail on behalf of United States of America. (Heinrich, Nowles) |
| Filing 350 MOTION to Take Leave From the Court to File His Memorandum of Points and Authorities in Support of His Now-Pending Motion for Relief under 28 U.S.C. 2255 by Gregory Crum (pro se). Motion referred to Magistrate Judge Cheryl A. Eifert. (tmr) Modified document number on 12/3/2019 to correspond to companion criminal action 2:16-cr-00133 (cbo). |
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Filing 349
ORDER: Directing Government to respond to #346 MOTION by Gregory Crum to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to Title 28, United States Code, Section 2255, within 60 days of the entry of this Order; Movant may, if he wishes, file a reply to the answer within 60 days after service of the answer. Cross Reference Criminal Case Number 2:16-cr-00133-01. Signed by Magistrate Judge Cheryl A. Eifert on 11/22/2019. (cc: attys; any unrepresented party) (tmr) Modified document number on 12/3/2019 to correspond to companion criminal action (cbo).
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| Filing 348 CLERK'S NOTICE OF FILING OF 2255 MOTION by Gregory Crum to U. S. Attorney with copy to Movant, Judge and Magistrate Judge. (tmr) Modified document number on 12/3/2019 to correspond to companion criminal action 2:16-cr-00133 (cbo). |
| Filing 347 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 Copenhaver; Magistrate Judge Eifert; Defendant; USA; USM; USP) Cross Reference Criminal Number 2:16-cr-00133. (klc) Modified document number on 12/3/2019 to correspond to companion criminal action (cbo). |
| CASE assigned to Judge John T. Copenhaver, Jr. (klc) |
| Filing 346 MOTION by Gregory Crum (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 2:16-cr-00133-01. (tmr) Modified document number on 12/3/2019 to correspond to companion criminal action (cbo). |
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| Respondent: United States of America | |
| Represented By: | John J. Frail |
| Represented By: | Nowles Heinrich |
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| Petitioner: Gregory Crum | |
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