Foulks v. USA

Filing 6

MEMORANDUM AND ORDER, appointing Ms. Koprucki to represent the petitioner at the 6/17/15 2255 motion hearing only. Signed by Judge J. Phil Gilbert on 3/23/2015. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTONIO T. FOULKS,
Petitioner,
v.

Case No. 14-cv-01237-JPG

UNITED STATES OF AMERICA,

Criminal No. 08-cr-30110

Respondent.
MEMORANDUM AND ORDER
This matter comes before the Court on petitioner Antonio T. Foulks’ motion to vacate, set
aside or correct his sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). The United States of
America filed a Response (Doc. 4) and requested a hearing on the issue of whether Petitioner
timely requested that his attorney pursue an appeal.
The Court believes an evidentiary hearing would expedite the resolution of Foulks’
pending § 2255 motion and accordingly, finds that the interests of justice require that Foulks be
represented by counsel at the hearing. The Court further finds that he is unable to afford counsel
and accordingly, the Court hereby ORDERS that, pursuant to Rule 8(c) of the Rules Governing
Section 2255 Proceedings and 18 U.S.C. § 3006A, attorney Patricia J. Koprucki is
APPOINTED to represent Foulks for the purposes of this hearing only.
Should it become apparent after the hearing that further briefing on Foulks’ § 2255 motion
is necessary, the Court will enter an appropriate order at that time. The Court further DIRECTS
the Clerk of Court to add Patricia J. Koprucki as an attorney of record for Petitioner Foulks in
this matter and the underlying criminal case and to further allow Ms. Koprucki access to sealed
documents in that case.
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IT IS SO ORDERED.
DATED: 3/23/2015
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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