Thomas William Dyer, Jr. v. United States of America

Justia Dockets & Filings Fourth Circuit West Virginia Southern District Thomas William Dyer, Jr. v. United States of America

Thomas William Dyer, Jr. v. United States of America

Plaintiff:	Thomas William Dyer, Jr.
Defendant:	United States of America
Case Number:	5:2014cv19140
Filed:	June 23, 2014
Court:	US District Court for the Southern District of West Virginia
Office:	Beckley Office
County:	Raleigh
Presiding Judge:	Irene C. Berger
Presiding Judge:	Cheryl A. Eifert
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
March 14, 2016	Filing 70 MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 69 Proposed Findings and Recommendation of the Magistrate Judge and ORDERS that the Petitioner's 50 Motion to Vacate, Set Aside, or Correct Sentence by a person in Federal Custody pursuant t o 28 U.S.C. Section 2255 be DENIED; the Petitioner's 52 Motion to Proceed In Forma Pauperis be DENIED AS MOOT; the Respondent's 64 Motion to Dismiss Movant Thomas William Dyer's Motion to Vacate, Set Aside, or Correction Sentence Pursuant to Section 225 be DENIED AS MOOT; and this action be DISMISSED WITH PREJUDICE and REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 3/14/2016. (cc: Judge, Magistrate Judge Eifert, USA, counsel, deft) (slr)
October 9, 2014	Filing 55 MEMORANDUM OPINION AND ORDER as to Thomas William Dyer, Jr.: The Court ORDERS Movant's counsel, Mr. Thomas A. Rist, to file within 30 days from the date of this Order an affidavit responding to Movant's specific claims of ineffective assist ance of counsel; the Court ORDERS that the attorney-client privilege, which attaches to the communications between movant and Attorney Rist, shall not be deemed automatically waived in any other Federal or State proceedings by virtue of the above-ord ered disclosure in this Section 2255 proceeding. The affidavit and documents supplied by Mr. Rist shall be limited to use in this proceeding, and Respondent is prohibited from otherwise using the privileged information disclosed by Mr. Rist without further order of a court of competent jurisdiction or a written waiver by Movant. Signed by Magistrate Judge Cheryl A. Eifert on 10/9/2014. (cc: Judge, USA, counsel, deft) (slr)

Date Filed

Document Text

March 14, 2016

Filing 70 MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 69 Proposed Findings and Recommendation of the Magistrate Judge and ORDERS that the Petitioner's 50 Motion to Vacate, Set Aside, or Correct Sentence by a person in Federal Custody pursuant t o 28 U.S.C. Section 2255 be DENIED; the Petitioner's 52 Motion to Proceed In Forma Pauperis be DENIED AS MOOT; the Respondent's 64 Motion to Dismiss Movant Thomas William Dyer's Motion to Vacate, Set Aside, or Correction Sentence Pursuant to Section 225 be DENIED AS MOOT; and this action be DISMISSED WITH PREJUDICE and REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 3/14/2016. (cc: Judge, Magistrate Judge Eifert, USA, counsel, deft) (slr)

October 9, 2014

Filing 55 MEMORANDUM OPINION AND ORDER as to Thomas William Dyer, Jr.: The Court ORDERS Movant's counsel, Mr. Thomas A. Rist, to file within 30 days from the date of this Order an affidavit responding to Movant's specific claims of ineffective assist ance of counsel; the Court ORDERS that the attorney-client privilege, which attaches to the communications between movant and Attorney Rist, shall not be deemed automatically waived in any other Federal or State proceedings by virtue of the above-ord ered disclosure in this Section 2255 proceeding. The affidavit and documents supplied by Mr. Rist shall be limited to use in this proceeding, and Respondent is prohibited from otherwise using the privileged information disclosed by Mr. Rist without further order of a court of competent jurisdiction or a written waiver by Movant. Signed by Magistrate Judge Cheryl A. Eifert on 10/9/2014. (cc: Judge, USA, counsel, deft) (slr)

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