Mejia-Chavez v. USA

Filing 37

ORDER re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) and appointing Attorney Bobby Edward Bailey for Jose Ivan Mejia-Chavez. See Order for details. Evidentiary Hearing set for 12/13/2017 10:00 AM in East St. Louis Courthouse before Judge David R. Herndon. Signed by Judge David R. Herndon on 10/16/2017. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOSE IVAN MEJIA-CHAVEZ,
Petitioner,
vs.

Case No. 16-CV-168-DRH

UNITED STATES OF AMERICA,
Respondent.
MEMORANDUM AND ORDER
HERNDON, District Judge:
On July 6, 2017, the Seventh Circuit issued a mandate that vacated this
Court’s decision denying petitioner’s § 2255 petition, and remanded the case for
further proceedings (Doc. 29). Following receipt of the Seventh Circuit’s mandate,
this Court directed Mejia-Chavez to amend his § 2255 petition by attaching an
affidavit to support his allegations surrounding his request for his attorney to
appeal the final judgment in his criminal case (Doc. 34). Mejia-Chavez’s affidavit
was filed today, October 16, 2017 (Doc. 36).
In light of the recently filed affidavit, the Court believes an evidentiary
hearing would expedite the resolution of Mejia-Chavez’s pending § 2255 motion,
given that Mejia-Chavez and his CJA appointed counsel, Robert Elovitz, filed
competing declarations regarding his request for an appeal. Accordingly, the
Court finds that the interests of justice require that Mejia-Chavez be represented
by counsel at the hearing. The Court further finds that Mejia-Chavez 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 Bobby Edward Bailey, 4387 Laclede Avenue, Suite A, St. Louis, MO
63108, of the CJA Panel, is APPOINTED to represent Petitioner Mejia-Chavez for
the purposes of this hearing only.
Should it become apparent after the hearing that further briefing on MejiaChavez’s § 2255 motion is necessary, the Court will enter an appropriate order at
that time. Furthermore, the Court SETS this matter for hearing on Wednesday,
December 13, 2017 at 10:00 a.m.
IT IS SO ORDERED.

Digitally signed
by Judge David
R. Herndon
Date: 2017.10.16
14:50:33 -05'00'
United States District Judge