McGuirk v. United States of America
| Terrence Joseph McGuirk |
| United States of America |
| Louie Thompson Price |
| 2:2023cv00816 |
| December 28, 2023 |
| US District Court for the Southern District of West Virginia |
| Irene C Berger |
| Cheryl A Eifert |
| Prisoner: Vacate Sentence |
| 28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
Docket Report
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This docket was last retrieved on April 15, 2024. A more recent docket listing may be available from PACER.
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Filing 1122
AFFIDAVIT of Affidavit of L. Thompson Price, filed on behalf of Louie Thompson Price (Attachments: #1 Exhibits)(Price, Louie)
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Filing 1121
MEMORANDUM OPINION AND ORDER granting government's #1120 MOTION for an Order Directing Counsel to File Affidavit in Response to Movants Claim of Ineffective Assistance of Counsel and Extend Response Deadline as to Terrence Joseph McGuirk (5); directing movant's prior counsel L. Thompson Price, to file within 30 days from the date of this Order an affidavit responding to defendant's claim of ineffective assistance of counsel; 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 virtue of the above-ordered disclosure in this 2255 proceeding; within 45 days of receipt of the affidavit and supporting documentation, if any the government shall file a responsive brief; movant shall have 60 days thereafter to reply. Signed by Magistrate Judge Cheryl A. Eifert on 1/22/2024. (cc: counsel of record; movant; L. Thompson Price) (tmr)
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Filing 1120
MOTION by United States of America for Order Directing Counsel to File Affidavit in Response to Movant's Claim of Ineffective Assistance of Counsel and MOTION to Extend Deadline, re: #1109 MOTION by Terrence Joseph McGuirk 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-00225-05. (Attachment: #1 Exhibit A) Motion referred to Magistrate Judge Cheryl A. Eifert. (Hanks, Joshua). Added additional motion relief on 1/19/2024 (cbo).
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Filing 1119
Document filed only in criminal case; not applicable to this proceeding. (cbo)
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Filing 1118
ORDER as to Terrence Joseph McGuirk; Directing Government to answser #1109 MOTION by Terrence Joseph McGuirk 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; directing government to file the plea hearing and/or sentencing hearing transcripts; movant may, if he wishes, file a reply to the answer within 60 days after service of the answer. Cross Reference Criminal Case Number 2:18-cr-00225-05. Signed by Magistrate Judge Cheryl A. Eifert on 1/3/2024. (cc: movant; USA) (tmr)
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Filing 1117
EXHIBITS A-F & S-T by Terrence Joseph McGuirk in support of #1109 MOTION by Terrence Joseph McGuirk 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-00225-05. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit S, #7 Exhibit T) (unsealed pursuant to the #1114 memorandum opinion and order) (kew)
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Filing 1116
SEALED EXHIBITS G-R & U as to Terrence Joseph McGuirk in support of #1109 MOTION by Terrence Joseph McGuirk (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-00225-05. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Exhibit L, #6 Exhibit M, #7 Exhibit N, #8 Exhibit O, #9 Exhibit P, #10 Exhibit Q, #11 Exhibit R, #12 Exhibit U) (sealed pursuant to the #1114 memorandum opinion and order) (kew)
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Filing 1115
ADDITIONAL DOCUMENTATION by Terrence Joseph McGuirk (pro se) to #1109 MOTION 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-00225-05. (tmr)
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Filing 1114
MEMORANDUM OPINION AND ORDER SEALING EXHIBITS as to Terrence Joseph McGuirk; directing the Clerk to SEAL Exhibits 1111-6 through 1111-17, and 1111-20 and UNSEAL Exhibits 1111 through 1111-5, 1111-18, and 1111-19; the Clerk is directed to provide a complete copy of the Exhibits to the United States Attorney. Signed by Magistrate Judge Cheryl A. Eifert on 1/2/2024. (cc: Judge, USA, Movant) (kew)
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Filing 1113
CLERK'S NOTICE OF FILING OF 2255 MOTION by Terrence Joseph McGuirk to U. S. Attorney with copy to Movant, Judge and Magistrate Judge. (tmr)
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Filing 1112
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; Petitioner; USA; USM; USP) Cross Reference Criminal Number 2:18-cr-00225-05. (klc)
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CASE assigned to Judge Irene C. Berger. (klc)
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Filing 1111
SEALED EXHIBITS by Terrence Joseph McGuirk re: Memorandum in Support (ECF NO. 1110) (Attachments: #1 Exhibit B (unsealed), #2 Exhibit C (unsealed), #3 Exhibit D (unsealed), #4 Exhibit E (unsealed), #5 Exhibit F (unsealed), #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit S (unsealed), #19 Exhibit T (unsealed), #20 Exhibit U) (mk) (Modified on 1/2/2024 to unseal Exhibits A-F and S-T pursuant to the #1114 memorandum opinion and order) (kew).
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Filing 1110
MEMORANDUM OF LAW by Terrence Joseph McGuirk (pro se) in support of his 1 MOTION 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-00225-05. (tmr)
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Filing 1109
MOTION by Terrence Joseph McGuirk (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-00225-05. (Attachments: #1 Envelope, #2 Cover Letter). (tmr) (Modified on 12/28/2023 to update ECF No.) (mk).
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