Davis v. United States of America (INMATE 3)

Filing 20

ORDER directing as follows: Pursuant to CJA 20, panel attorney LaConya D. Murray is hereby appointed to represent Davis at an evidentiary hearing, as further set out; an evidentiary hearing regarding the issue specified above is scheduled for Septemb er 25, 2013, at 9:00 a.m. in courtroom 4-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; Davis shall be brought to this district not less than a week in advance of the scheduled evidentiary hearing in order to facilitate communications with appointed counsel in preparation for the hearing; Counsel for Davis and counsel for the United States shall exchange, and file with the c ourt, lists of witnesses and exhibits not later than September 20, 2013, as further set out; The Clerk is DIRECTED to serve this order upon LaConya D. Murray (counsel for Davis) and to make the case file available to Ms. Davis as reasonably requested. Signed by Honorable Judge Terry F. Moorer on 8/26/13. (Furnished to Calendar/CB)(CJA Furnished to WS)(Furnished to BOP, USMS)(scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
GREGORY LEWIS DAVIS,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Civil Action No. 2:11cv760-MEF
(WO)

ORDER
The court has determined that, pursuant to Rule 8, Rules Governing Section 2255
Proceedings for the United States District Court, an evidentiary hearing is required for
resolution of petitioner Gregory Lewis Davis’s claim in his § 2255 motion that his counsel
rendered ineffective assistance by failing to file a direct appeal on his behalf after he
requested that counsel do so.1 The court finds that Davis, who is currently incarcerated, is
eligible for the appointment of counsel under the Criminal Justice Act, 18 U.S.C. § 3006A.
Accordingly, it is
ORDERED as follows:
1.

Pursuant to CJA 20, panel attorney LaConya D. Murray is
hereby appointed to represent Davis at an evidentiary hearing
regarding the issue specified above.

2.
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Pursuant to this appointment and limited purpose, counsel shall

The pleadings in this case present a disputed issue of material fact as to whether Davis asked
his counsel to file an appeal.

proceed to confer with the petitioner and otherwise make an
appropriate investigation concerning this issue.
3.

An evidentiary hearing regarding the issue specified above is
scheduled for September 25, 2013, at 9:00 a.m. in courtroom
4-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.
4.

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

5.

Counsel for Davis and counsel for the United States shall
exchange, and file with the court, lists of witnesses and exhibits
not later than September 20, 2013.

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.
6.

The Clerk is DIRECTED to serve this order upon LaConya D.
Murray (counsel for Davis) and to make the case file available
to Ms. Davis as reasonably requested.
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Done this 26th day of August, 2013.

/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE

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