Stidum v. United States of America

Filing 9

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Respondent United States of America's Motion to Unseal Document 6 is GRANTED. The transcript of the October 13, 2009 hearing in Case 4:09 CR12RWS shall be temporarily unsealed to allow the parti es to obtain copies of the hearings in this case. I will order the transcript be placed under seal on June 30, 2011. IT IS FURTHER ORDERED that Respondent shall show cause, in writing, no later than July 8, 2011 why the relief requested in the instant motion to vacate should not be granted.. Signed by Honorable Rodney W. Sippel on 5/31/11. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DAVID STIDUM,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 4:11CV743RWS

MEMORANDUM AND ORDER
This matter is before me on Respondent’s Motion to Unseal Document [#6]. In his
Section 2255 Petition, Petitioner Stidum asserts several allegations of prosecutorial misconduct
and ineffective assistance of counsel with specific reference to a hearing before Judge Fleissig on
October 13, 2009. During the hearing, Judge Fleissig took up Stidum’s pro se motion seeking
the appointment of new counsel. The attorney for the government was not present for that
portion of the hearing and the transcript of that part of the hearing was ordered sealed.
In his Petition, Stidum make specific reference to the October 13, 2009 hearing. The
United States now seeks to unseal the record of the hearing to respond to Stidum’s allegations.
On May 12, 2011, I ordered Petitioner to show cause why Respondent’s motion should not be
granted. On May 23, 2011 Stidum filed his Response to Order to Show Cause and consented to
the October 13, 2009 transcript being unsealed. As a result, I will unseal the transcript of the
October 13, 2009 hearing.
In his Response to Order to Show Cause, Stidum also requests that he be provided with a
copy of the October 13, 2009 transcript. Stidum’s motion to proceed in forma pauperis was
denied on May 4, 2011. As a result, I will not order a copy of the transcript be provided to

Stidum. He may request a transcript from the court reporter and pay the resulting fees.
Accordingly,
IT IS HEREBY ORDERED that Respondent United States of America’s Motion to
Unseal Document [#6] is GRANTED. The transcript of the October 13, 2009 hearing in Case
4:09 CR12RWS shall be temporarily unsealed to allow the parties to obtain copies of the
hearings in this case. I will order the transcript be placed under seal on June 30, 2011.
IT IS FURTHER ORDERED that Respondent shall show cause, in writing, no later
than July 8, 2011 why the relief requested in the instant motion to vacate should not be granted.

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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 31st day of May, 2011.

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