Ligon v. United States of America

Filing 22

ORDER: The Clerk is directed to send the Movant a Financial Affidavit. If he wishes to have counsel appointed to represent him, Movant shall complete the Financial Affidavit and return it to the Clerk within 20 days from the entry of the instant Order. Signed by Magistrate Judge E. Clifton Knowles on 6/13/14. (xc:Pro se party w/ Financial Affidavit by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

ROBERT LIGON,
Petitioner,

vs.

UNITED STATES OF AMERICA,
Respondent.

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CASE NO. 3:13-0698
JUDGE SHARP/KNOWLES

ORDER
Judge Sharp has referred this matter to the undersigned “with instructions to conduct an
evidentiary hearing . . . .” Docket No. 20. Movant, who is in federal custody, began this action
by filing a document headed “28 U.S.C. § 2255” (Docket No. 1), which the Court has construed
as a Motion to Vacate, Set Aside, or Correct his sentence pursuant to the referenced statute.
Docket No. 1. Further background can be found in Judge Sharp’s Memorandum accompanying
his Order of reference. Docket No. 19.
Rule 8(c) of the Rules Governing Section 2255 Proceedings For The United States
District Courts provides in relevant part:
If an evidentiary hearing is warranted, the judge must appoint an
attorney to represent a moving party who qualifies to have counsel
appointed under 18 U.S.C. § 3006A. The judge must conduct the
hearing as soon as practicable after giving the attorneys adequate
time to investigate and prepare. Before an attorney can be
appointed to represent him, the moving party must establish that he
qualifies to have counsel appointed for him.
Therefore, the Clerk is directed to send the Movant a Financial Affidavit. If he wishes to

have counsel appointed to represent him, Movant shall complete the Financial Affidavit and
return it to the Clerk within twenty (20) days from the entry of the instant Order.
Assuming that Movant qualifies for the appointment of counsel, the Court will appoint
counsel and schedule a Case Management Conference to discuss the timing and logistics of the
evidentiary hearing.
If Movant fails to comply with the instant Order, the Court will interpret that to mean that
Movant does not wish to have counsel appointed. Movant is, of course, free to retain counsel of
his choosing.
IT IS SO ORDERED.

E. Clifton Knowles
United States Magistrate Judge

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