Cobbs v. United States of America
Filing
8
ORDER denying 7 Respondent's request for an order requiring counsel to provide an affidavit; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)
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UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF MICHIGAN S O U T H E R N DIVISION
A A R O N MOSES COBBS, III, M o v a n t, File No. 1:08-CV-471 v. HON. ROBERT HOLMES BELL U N IT E D STATES OF AMERICA, R e s p o n d e n t. / ORDER T h is matter is before the Court on the Respondent's request for an order for Movant's trial c o u n se l to provide an affidavit. (Dkt. No. 7.) Movant Aaron Moses Cobbs, III, filed a motion p u rs u a n t to 28 U.S.C. § 2255 alleging, among other things, ineffective assistance of his trial counsel, a tto rn e y Jeffrey Slocombe. On September 12, 2008, Respondent filed a motion requesting
a d d itio n a l time to respond because it sought to obtain an affidavit from Mr. Slocombe regarding M o va n t's allegations. (Dkt. No. 5.) The Court granted Respondent's request. (Dkt. No. 6.) R e s p o n d e n t asserts that it has been unable to obtain an affidavit from Mr. Slocombe addressing the a lle ga tio n s made in Movant's motion regarding ineffective assistance of counsel, and Respondent se e ks an order from the Court requiring Mr. Slocombe to provide such an affidavit. The Court agrees with Respondent that by filing a § 2255 motion asserting ineffective a s s ista n c e of counsel, Petitioner has implicitly waived the attorney-client privilege, though only to th e extent necessary to litigate his ineffective assistance of counsel claim. In re Lott, 424 F.3d 446, 4 5 3 (6th Cir. 2005). Nevertheless, Respondent has not cited any authority that supports ordering
M r . Slocombe to prepare and file an affidavit and the Court has not found any authority to support su c h an order. Accordingly, IT IS HEREBY ORDERED that Respondent's request for an order requiring counsel to p r o v id e an affidavit (Dkt. No. 7) is DENIED.
Dated: October 1, 2008
/s/ Robert Holmes Bell ROBERT HOLMES BELL U N IT E D STATES DISTRICT JUDGE
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