Jordan v. United States of America
| Stewart L. Jordan, III |
| United States of America |
| 3:2021cv00343 |
| June 16, 2021 |
| 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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Filing 38
MEMORANDUM OPINION AND ORDER denying the United States' #37 MOTION for an Order Directing Movant to File a Privilege Waiver and for ex parte contact with Movant's trial counsel, but granting the United States' motion for information pertinent to the ineffective assistance of counsel claim; directing Movant's prior counsel, R. Lee Booten, II, to file within thirty (30) days from the date of this Order an affidavit responding to Movant's claims of ineffective assistance of counsel; further directing that the attorney-client privilege, which attaches to the communications between Movant and trial 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; further granting 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 forty-five (45) days thereafter to reply. Signed by Magistrate Judge Cheryl A. Eifert on 8/5/2021. (cc: Movant; counsel of record; R. Lee Booten, II) (jsa)
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Filing 37
MOTION by United States of America for an Order Directing Movant to File Privilege Waivers and MOTION for an Order Directing Movant's Former Counsel to Provide Information to the United States Concerning Movant's Claims of Ineffective Assistance of Counsel and MOTION for an Abeyance. Cross Reference Criminal Case Number 3:20-cr-00046. Motion referred to Magistrate Judge Cheryl A. Eifert. (Taylor, Stephanie). Added additional motion relief on 8/4/2021 (cbo).
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Filing 36
NOTICE OF CHANGE OF ATTORNEY INFORMATION by Stephanie Shannon Taylor appearing on behalf of United States of America. (Taylor, Stephanie)
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Filing 35
ORDER directing the United States to answer Movant's #32 MOTION 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; if Movant's claims involve plea or sentencing issues, the United States is directed to file the plea hearing and/or sentencing hearing transcripts; 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 6/23/2021. (cc: Judge, USA, Movant) (jsa)
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NOTICE OF DOCKET CORRECTION re: #32 MOTION by Stewart L. Jordan, III to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to Title 28, United States Code, Section 2255. Error: Image contained a personal identifier. Correction: Replaced unredacted image with a redacted image. (mkw)
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Filing 34
CLERK'S NOTICE OF FILING OF 2255 MOTION by Stewart Longworth Jordan, III to U. S. Attorney with copy to Movant, Judge, Magistrate Judge. (jsa)
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Filing 33
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 Chambers; Magistrate Judge Eifert; Petitioner; USA; USM; USP) Cross Reference Criminal Number 3:20-cr-00046. (klc) (klc) (Modified document number on 6/21/2021 to correspond to companion criminal action) (mkw).
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CASE assigned to Judge Robert C. Chambers. (klc)
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Filing 32
MOTION by Stewart L. Jordan, III 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 3:20-cr-00046. (jsa) (Modified document number on 6/21/2021 to correspond to companion criminal action) (mkw). (Modified on 6/22/2021 to replace image) (mkw).
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| Respondent: United States of America | |
| Represented By: | Joseph F. Adams |
| Represented By: | Stephanie Shannon Taylor |
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| Petitioner: Stewart L. Jordan, III | |
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