Ragin v. USA

Filing 37

ORDER granting in part - Evidentiary Hearing is rescheduled to 5/13/14 @ 10:30 and denying in part 36 Motion to Compel production of an affidavit.. Signed by District Judge Robert J. Conrad, Jr on 4/8/14. (ssh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:10-CV-00488-RJC
3:04-CR-271-07-RJC
NICHOLAS RAGIN
v.
UNITED STATES OF AMERICA

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ORDER

THIS MATTER comes before the Court upon the Government’s Motion to require
former counsel to produce an affidavit and to continue the evidentiary hearing scheduled for
April 28, 2014. (Doc. No. 36).
The Court previously determined that an evidentiary hearing is necessary to resolve
Petitioner’s claim that his attorney provided ineffective assistance when he fell asleep during
trial. (Doc. No. 34: Order at 1). Therefore, the Court finds that compelling former counsel to
provide an affidavit would not likely resolve this matter; rather, the Government may choose to
subpoena witnesses to give testimony at the hearing.
For the reasons stated in the Government’s motion, the Court finds good cause for a
continuance of the hearing.
IT IS, THEREFORE, ORDERED that:
1. The Government’s motion for an order compelling the production of an affidavit is
DENIED; and
2. The Government’s motion to continue the hearing is GRANTED, and the hearing is rescheduled to Tuesday, May 13, 2014, at 10:30 a.m. in Robert D. Potter Courtroom of the
United States Courthouse in Charlotte, North Carolina.

The Clerk is directed to certify copies of this Order to Petitioner, Counsel for Petitioner,
the United States Attorney, and the United States Marshals Service.
Signed: April 8, 2014

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