Perrone v. United States of America

Filing 31

ORDER GRANTING IN PART and DENYING IN PART 29 MOTION to Compel filed by Joseph Perrone, GRANTING 30 MOTION to Withdraw filed by Joseph Perrone. Attorney John R. Clemons for Joseph Perrone added as CJA-appointed counsel. Attorney LaToya M. Berry terminated. Ms. Berry is directed to send Perrone's file to his newly appointed counsel, not directly to Perrone. Signed by Judge David R. Herndon on 10/30/14. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

JOSEPH PERRONE,
Petitioner,
v.

Civil Case No. 14-cv-281-DRH
Criminal Case No. 09-cr-30016-DRH

UNITED STATES OF AMERICA,
Respondent.
ORDER
HERNDON: District Judge:
This matter is before the Court on petitioner Joseph Perrone’s motion to
compel (Doc. 29) and motion to withdraw court appointed attorney (Doc. 30).
Pursuant to 18 U.S.C. § 3006A(a)(2)(B), the Court previously appointed
Latoya M. Berry to assist Perrone in his § 2255 petition (Doc.14). On October 14,
2014, petitioner filed a pro se motion for the withdrawal of his court appointed
counsel, alleging communication issues between them (Doc. 30). The Court still
finds that justice requires appointment of counsel to represent petitioner Perrone
in his collateral attack. Therefore, the Court APPOINTS John R. Clemmons, 813
West Main Street, Carbondale, IL 62901, of the CJA panel, to represent petitioner
Perrone.
In addition, petitioner filed a motion to compel Ms. Berry to turn over her
file, specifically requesting that she send “petitioner’s change of plea and unsealed
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grand jury transcripts to him” (Doc. 29). Because petitioner was granted newly
appointed counsel, his motion to compel (Doc. 29) is GRANTED IN PART and
DENIED IN PART. Ms. Berry is ordered to turn over Perrone’s case file to his
newly appointed counsel, John R. Clemmons. No part of the file will be sent
directly to petitioner.
IT IS SO ORDERED.
Signed this 30th day of October, 2014.

David R.
Herndon
2014.10.30
14:11:21 -05'00'

District Judge
United States District Court

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