Blankenship v. United States of America
| Michael Blankenship |
| United States of America |
| 5:2020cv00037 |
| January 15, 2020 |
| US District Court for the Southern District of West Virginia |
| Irene C Berger |
| 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 120 NOTICE OF CHANGE OF ADDRESS by Michael Blankenship (slr) (Attachment: #1 Unredacted Notice of Change of Address) (Modified on 2/28/2020 to add unredacted notice)(slr). |
Filing 119
MEMORANDUM OPINION AND ORDER directing that the United States' #118 Motion to Compel the movant to sign a privilege waiver and for ex parte contact with Movant's trial counsel is DENIED; the United States' Motion for information pertinent to the ineffective assistance of counsel claim is GRANTED; Movant's prior counsel, Lorena Litten and/or Christian Capece, shall file an affidavit responding to Movant's claim of ineffective assistance of counsel within 30 days from the date of this Order; 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 Section 2255 proceeding; the United States' Motion for an abeyance is GRANTED; within 45 days of receipt of the affidavit and supporting documentation, if any, the United States shall file a responsive brief; Movant shall have 60 days thereafter to reply. Signed by Magistrate Judge Cheryl A. Eifert on 2/26/2020. (cc: Movant, counsel of record, Attorneys Lorena Litten and Christian Capece) (btm)
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| Filing 118 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. Motion referred to Magistrate Judge Cheryl A. Eifert. (Goes, Erik). Added additional motion relief on 2/26/2020 (cbo). |
| Filing 117 Document filed only in criminal case; not applicable to this proceeding. (btm) |
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Filing 116
ORDER as to Michael Blankenship directing the United States to answer the #113 MOTION by Michael Blankenship Under 28 U.S.C. Section 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody within sixty (60) days of the entry of this Order in accordance with Rule 5, Rules Governing Section 2255 Proceedings in the United States District Court; Movant may, if he wishes, file a reply to the Answer within sixty (60) days after service of the answer by the United States. Cross Reference Criminal Case Number 5:17-cr-00200. Signed by Magistrate Judge Cheryl A. Eifert on 1/28/2020. (cc: Movant, United States Attorney-Southern District of West Virginia) (msa)
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| Filing 115 CLERK'S NOTICE OF FILING OF 2255 MOTION to the U. S. Attorney, with copy to Movant. (slr) |
| Filing 114 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; Defendant; USA; USM; USP) Cross Reference Criminal Number 5:17-cr-00200. (klc) |
| CASE assigned to Judge Irene C. Berger. (klc) |
| Filing 113 MOTION by Michael Blankenship 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 5:17-cr-00200. (Attachments: #1 Notice to Court, #2 Transcript Attachments Cover Page, #3 Transcripts, Part 1, #4 Transcripts, Part 2, #5 Transcripts, Part 3, #6 Transcripts, Part 4, #7 Exhibit A Cover Page, #8 Exhibit A, #9 Exhibit B Cover Page, #10 Exhibit B, #11 Cover Letter, #12 Mailing Envelope) (slr) |
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| Respondent: United States of America | |
| Represented By: | Perry D. McDaniel |
| Represented By: | Erik S. Goes |
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| Petitioner: Michael Blankenship | |
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