Lopez v. USA

Filing 29

SCHEDULING ORDER re 24 Mandate remanding case - USCA, 22 Opinion - USCA - Evidentiary Hearing set for Wednesday, August 13, 2014 @ 2:00 pm in Statesville before District Judge Richard Voorhees. Signed by District Judge Richard Voorhees on 6/30/14. (Pro se litigant served by US Mail.)(smj)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
DOCKET NO. 5:10CV124
DOCKET NO. 5:06CR41-14-RLV
__________________________________________
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v.
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JUAN LOPEZ
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__________________________________________)
UNITED STATES OF AMERICA

SCHEDULING ORDER

This matter is before the Court upon Fourth Circuit Court of Appeals Order remanding
this matter for further proceedings, filed on April 30, 2014. More specifically, Fourth Circuit
granted a certificate of appealability only on Defendant’s claim that trial counsel was ineffective
for failing to initiate plea negotiations with the Government after Defendant directed him to do
so.
On June 23, 2014, this Court stayed its Order scheduling an Evidentiary Hearing in the
above captioned matter until the Fourth Circuit ruled on the Government’s Petition. On June 26,
2014, the Fourth Circuit denied the Government’s Petition. Therefore, the Court will schedule an
Evidentiary Hearing in this matter.
IT IS, THEREFORE, ORDERED that:
The Bureau of Prisons and the United States Marshals Service is hereby ORDERED to
transport and produce the body of JUAN LOPEZ (USM# 20931-058), for an Evidentiary
Hearing our August 13, 2014, at 2 PM, before the Honorable Richard L. Voorhees, in the
Western District of North Carolina, Statesville Courthouse, 200 West Broad Street, 2 nd Floor
Courtroom, Statesville, North Carolina, not later than July 31, 2014, and upon completion of the

Case 5:06-cr-00041-RLV-DCK Document 457 Filed 06/30/14 Page 1 of 2

Evidentiary Hearing, Defendant is to be returned to the custody of the Bureau of Prisons.
The Clerk is directed to certify copies of this Order to the United States Attorney,
Defendant’s Counsel, the United States Marshal Service, and the United States Probation Office.

Signed: June 30, 2014

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