Ruiz v. USA

Filing 4

ORDER GRANTING MOTION FOR ORDER CONCERNING ATTORNEY-CLIENT PRIVILEGE AND TO STAY THE INSTANT PROCEEDINGS 3 . Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO
MARTIN CANTU RUIZ
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case Nos. 1:11-CR-240-BLW
1:15-CV-142-BLW
ORDER GRANTING
MOTION FOR ORDER
CONCERNING
ATTORNEY-CLIENT
PRIVILEGE AND TO STAY
THE INSTANT
PROCEEDINGS

Finding good cause therefore,
NOW THEREFORE IT IS HEREBY ORDERED, that the motion for stay
(docket no. 3) is GRANTED, and that the Government's response to the petitioner's
motion be stayed until the Government has had time to speak with former defense
counsel and/or review former defense counsel’s affidavit.
IT IS FURTHER ORDERED, that a limited waiver of the attorney-client
privilege is hereby declared so that 1) attorney Ryan Henson may respond to
material inquiries of the Assistant United States Attorney regarding the Petitioner=s
allegations of ineffective assistance of counsel; 2) directing attorney Ryan Henson to
produce any interview notes, documents, letters, or witness statements that are
material to the issues raised by the Petitioner; and 3) to produce an affidavit
addressing his knowledge regarding any material issue raised by the Petitioner in his
2255 Petition, and that said affidavit be delivered to the Government within
forty-five (45) days of the proffered Order.
IT IS FURTHER ORDERED that upon receipt of the attorney's affidavit,
the Government shall have an additional twenty-one (21) days to respond to
petitioner's motion.

ORDER GRANTING MOTION FOR ORDER CONCERNING ATTORNEY-CLIENT
PRIVILEGE AND TO STAY THE INSTANT PROCEEDINGS -- 1

DATED: June 4, 2015

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER GRANTING MOTION FOR ORDER CONCERNING ATTORNEY-CLIENT
PRIVILEGE AND TO STAY THE INSTANT PROCEEDINGS -- 2