Shadle v. USA

Filing 10

MEMORANDUM AND ORDER, Motion Hearing set for 8/9/2016 09:30 AM in Benton Courthouse before Judge J. Phil Gilbert. 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, a CJA attorney is APPOINTED to represent Shadle for the purposes of this hearing only. The Court further DIRECTS the Clerk of Court to send a copy of this order to the Public Defen der's Officer for theSouthern District of Illinois and to add a CJA attorney, once identified, as an attorney of record for Petitioner Shadle in this matter and the underlying criminal case and to further allow the CJA attorney access to sealed documents in that case. Petitioner to appear via video conferencing. Signed by Judge J. Phil Gilbert on 6/16/2016. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JASON SHADLE,
Petitioner,
v.

Case No. 16-cv-00203-JPG

UNITED STATES OF AMERICA,
Respondent.
MEMORANDUM AND ORDER
This matter comes before the Court on petitioner Jason Shadle’s 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. 9) 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 Petitioner’s
pending § 2255 motion and accordingly, finds that the interests of justice require that Shadle 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, a CJA attorney is APPOINTED to represent
Shadle for the purposes of this hearing only.
Should it become apparent after the hearing that further briefing on Shadle’s § 2255
motion is necessary, the Court will enter an appropriate order at that time. The Court further
DIRECTS the Clerk of Court to send a copy of this order to the Public Defender’s Officer for the
Southern District of Illinois, and to add the CJA attorney, once identified, as an attorney of record
for Petitioner Shadle in this matter and the underlying criminal case and to further allow the CJA
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attorney access to sealed documents in that case.
The Government's Request for a Hearing is GRANTED. This matter is set for hearing on
the sole issue of whether Petitioner timely requested that his attorney pursue an appeal on August
9th, 2016, at 9:30 a.m. before the undersigned in Benton, Illinois. Petitioner to appear via video
conferencing.
IT IS SO ORDERED.
DATED: 6/16/2016
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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