Allen v. United States of America
| Rico Rodriquez Allen |
| United States of America |
| 3:2019cv00546 |
| July 25, 2019 |
| US District Court for the Southern District of West Virginia |
| Robert C Chambers |
| 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 56 OBJECTION/RESPONSE by Rico Rodriquez Allen to the Court's #55 Memorandum Opinion and Order. (jsa) |
Filing 55
MEMORANDUM OPINION AND ORDER granting in part and denying in part United States' #54 MOTION for an Order Directing Movant to File a Privilege Waiver and an Order Directing Movant's Former Counsel to Provide Information to the United States Concerning Movant's Claim of Ineffective Assistance of Counsel and an Abeyance; granting the United States' motion for information pertinent to the ineffective assistance of counsel claim, but denying the motion to compel the movant to sign a privilege waiver and for ex parte contact with Movant's trial counsel; directing Movant's prior counsel, Rhett Johnson, to file within thirty (30) days from the date of this Order an affidavit responding to Movant's claim of ineffective assistance of counsel; further 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; granting the United States' motion for an abeyance; within forty-five (45) days of receipt of the affidavit and supporting documentation, if any, the United States shall file a responsive brief; Movant shall have sixty (60) days thereafter to reply. Signed by Magistrate Judge Cheryl A. Eifert on 8/26/2019. (cc: Movant; counsel of record; Attorney Rhett Johnson) (jsa)
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| Filing 54 MOTION by United States of America for An Order Directing Movant to File Privilege Waivers and An Order Directing Movant's Former Counsel to Provide Information to the United States Concerning Movant's Claims of Ineffective Assistance of Counsel and An Abeyance re: #53 Order Directing Government to Respond to a Motion. Motion referred to Magistrate Judge Cheryl A. Eifert.(Taylor, Stephanie) Cross Reference Criminal Case Number 3:18-cr-00033. |
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Filing 53
ORDER directing the United States to answer the #50 MOTION by Rico Rodriquez Allen to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to Title 28, United States Code, Section 2255, within sixty (60) days of the entry of this Order; Movant may, if he wishes, file a reply to the Answer of the United States within sixty (60) days after service of the Answer by the United States. Signed by Magistrate Judge Cheryl A. Eifert on 7/29/2019. (cc: USA; Movant) (jsa)
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| Filing 52 CLERK'S NOTICE OF FILING OF 2255 MOTION with copy to Movant, Judge, Magistrate Judge. (jsa) (Modified on 7/29/2019 to correspond to companion criminal action) (mkw). |
| Filing 51 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: attys; any unrepresented party) (klc) (Modified on 7/29/2019 to correspond to companion criminal action) (mkw). |
| Filing 50 MOTION by Rico Rodriquez Allen 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 3:18-cr-00033. (jsa) (Modified on 7/29/2019 to correspond to companion criminal action) (mkw). |
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| Respondent: United States of America | |
| Represented By: | Stephanie Shannon Taylor |
| Represented By: | R. Gregory McVey |
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| Petitioner: Rico Rodriquez Allen | |
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