Payne v. United States of America

Filing 15

ORDER directing as follows: (1.) Payne's counsel, Ms. James, shall proceed to confer with Payne and otherwise make an appropriate investigation concerning the issue set for an evidentiary hearing; (2.) An evidentiary hearing is scheduled for Dec ember 20, 2011 at 10 a.m., in courtroom 5-A, Frank M. Johnson, Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama; the Clerk is DIRECTED to provide a court reporter for this proceeding; (3.) Payne shall be brought to this di strict not less than a week in advance of the scheduled evidentiary hearing in order to facilitate communications with his counsel in preparation for the hearing; (4.) Ms. James and counsel for the United States shall exchange, and file with the cour t, lists of witnesses and exhibits not later than December 13, 2011, as further set out; (5.) The Clerk is DIRECTED to serve this order upon attorney Susan G. James and to make the case file available as reasonably requested. Signed by Honorable Judge Wallace Capel, Jr on 11/17/11. (Furnished to Clerk of Court, Calendar, and KG.)(Furnished to Bureau of Prisons and USM)(Copy of this order served upon Attorney James via CM/ECF)(scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
RONRICUEZ BERNARD PAYNE,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Civil Action No. 2:09cv1040-MHT
(WO)

ORDER
After review of the pleadings and record in this case, the court has determined that,
pursuant to Rule 8, Rules Governing Section 2255 Proceedings for the United States District
Court, an evidentiary hearing is necessary to resolve Ronricuez Bernard Payne’s claim in his
28 U.S.C. § 2255 motion that his trial counsel rendered ineffective assistance by failing to
file a direct appeal on his behalf after he requested that counsel do so. The court’s records
reflect that on November 15, 20011 (Doc. Nos. 13 & 14) attorney Susan G. James filed a
notice of appearance on behalf of Payne in this action. Accordingly, it is
ORDERED as follows:
1.

Payne’s counsel, Ms. James, shall proceed to confer with Payne
and otherwise make an appropriate investigation concerning the
issue set for an evidentiary hearing.

2.

An evidentiary hearing is scheduled for December 20, 2011 at
10 a.m., in courtroom 5-A, Frank M. Johnson, Jr. United States

Courthouse Complex, One Church Street, Montgomery,
Alabama.

The court will not entertain any motions to

continue this date. The Clerk is DIRECTED to provide a court
reporter for this proceeding.
3.

Payne shall be brought to this district not less than a week in
advance of the scheduled evidentiary hearing in order to
facilitate communications with his counsel in preparation for the
hearing.

4.

Ms. James and counsel for the United States shall exchange, and
file with the court, lists of witnesses and exhibits not later than
December 13, 2011. All exhibits shall be pre-marked using the
same numbers indicated on the exhibit lists, and each party shall
deliver to the courtroom deputy prior to commencement of the
hearing the original, pre-marked exhibits along with a copy of
the exhibits for use by the court.

5.

The Clerk is DIRECTED to serve this order upon attorney Susan
G. James and to make the case file available as reasonably
requested.

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Done this 17th day of November, 2011.

/s/ Wallace Capel, Jr.
WALLACE CAPEL, JR.
UNITED STATES MAGISTRATE JUDGE

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