Kostenko v. United States of America
| Michael Merritt Kostenko |
| United States of America |
| E. Ward Morgan and Derrick W. Lefler |
| 5:2019cv00574 |
| August 6, 2019 |
| US District Court for the Southern District of West Virginia |
| Omar J Aboulhosn |
| Irene C Berger |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 188
Document 188 filed only in criminal case; not applicable to this proceeding. (cbo)
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Filing 187
AFFIDAVIT of Derrick W. Lefler, Attorney at Law, dated September 9, 2019, re: #182 Order. (Lefler, Derrick)
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Filing 186
AFFIDAVIT of E. Ward Morgan, dated 9/9/2019, re: #182 Order. (Attachment: #1 Exhibit) (cbo)
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Filing 185
NOTICE OF CHANGE OF ATTORNEY INFORMATION by Ryan Arthur Keefe appearing on behalf of United States of America. (Keefe, Ryan)
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Filing 184
CLERK'S NOTICE OF FILING OF #177 2255 MOTION (Attachment: #1 Petitioner's 2255 Motion) (slr) (Modified on 8/16/2019 to add link to #177)(slr).
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Filing 183
ORDER directing that Movant's #178 MOTION for Scheduling Order is DENIED. Signed by Magistrate Judge Omar J. Aboulhosn on 8/8/2019. (cc: Movant, counsel of record) (msa)
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Filing 182
ORDER as to Michael Merritt Kostenko directing that the United States file an Answer to the allegations contained in Movant's #177 Section 2255 MOTION on or before 10/15/2019; directing that E. Ward Morgan and Derrick W. Lefler file an affidavit responding to Movant's specific claims of ineffective assistance of counsel by 09/09/2019; directing that the attorney-client privilege, which attaches to the communications between Movant and his former counsel, shall not be deemed automatically waived in any other Federal or State proceeding by virtue of the above-ordered disclosure in this Section 2255 proceeding; further directing that Movant may file a Reply on or before 11/15/2019. Cross Reference Criminal Case Number 5:16-cr-00221. Signed by Magistrate Judge Omar J. Aboulhosn on 8/8/2019. (cc: pro se Movant, counsel of record, Movant's former counsel E. Ward Morgan and Derrick W. Lefler) (msa)
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Filing 181
CLERK'S ORDER REASSIGNING CASE. For reasons appearing to the court, the referral of this civil action for Findings of Fact and Recommendations for disposition is transferred from Magistrate Judge Dwane L. Tinsley to Magistrate Judge Omar J. Aboulhosn. Signed by Clerk of Court Rory L. Perry II on 8/7/2019.(cc: Magistrate Judge Tinsley; Magistrate Judge Aboulhosn; unrepresented parties; non CM/ECF users). (klc)
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Filing 180
ORDER directing that this case is transferred to Rory L. Perry II, Clerk of Court, for reassignment to another judge within this district. Signed by Magistrate Judge Dwane L. Tinsley on 8/7/2019. (cc: counsel of record, any unrepresented parties) (msa)
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Filing 179
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 Dwane L. Tinsley for Findings of Fact and Recommendations for disposition. (cc: Judge Berger; Magistrate Judge Tinsley; Defendant; USA; USM; USP) Cross Reference Criminal Number 5:16-cr-00221. (klc)
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Filing 178
MOTION by Michael Merritt Kostenko for Scheduling Order re: #177 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 5:16-cr-00221. (msa)
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Filing 177
MOTION by Michael Merritt Kostenko 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 5:16-cr-00221. (Attachments: #1 Exhibit- Power of Attorney) (msa)
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