Mutschler v. United States of America

Filing 10

MINUTE ORDER renoting respondent's 9 MOTION for Protective Order : Noting Date 3/31/2017. Directing clerk to send copies of documents/docket sheet to petitioner at updated address. Directing clerk to copy attorneys William Brobert and J Gregory Lockwood in case CR14-328TSZ. Extending respondent's answer to 2255 motion. Renoting petitioner's 2255 motion and motion for appointment of counsel to 5/12/17 by Judge Thomas S. Zilly. (RS) cc petitioner with documents/docket sheet to updated address; emailed Minute Order to attys Broberg and Lockwood

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RICHARD THAYNE MUTSCHLER,

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Petitioner,

(related to CR14-328 TSZ)

v.
UNITED STATES OF AMERICA,

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C16-281 TSZ
MINUTE ORDER

Respondent.

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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
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(1)
Respondent’s motion for an order declaring that petitioner has waived his
attorney/client privilege, docket no. 9, is RENOTED to March 31, 2017. The Court is not
satisfied that petitioner is aware that the stay of his motion under 28 U.S.C. § 2255 has
been lifted or that petitioner has received a copy of respondent’s motion. When the stay
was lifted, the Clerk sent a copy of the Minute Order to petitioner’s residential address in
Port Charlotte, Florida. Petitioner, however, was and still is incarcerated at Terminal
Island Federal Correctional Institution (“FCI”) in San Pedro, California. Respondent has
indicated that it served a copy of its motion via first class mail to a street address for
Terminal Island FCI, but the Federal Bureau of Prisons’ website directs that mail for
inmates be sent to a post office box.

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(2)
The Clerk is DIRECTED to send a copy of this Minute Order, a copy of the
Minute Order entered February 16, 2017, docket no. 8, a copy of the case assignment
19 letter, docket no. 4, and a copy of the docket to petitioner pro se via U.S. mail, addressed
as follows:
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Richard Thayne Mutschler, Register No. 61563-018
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FCI Terminal Island
Federal Correctional Institution
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P.O. Box 3007
San Pedro, CA 90733
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MINUTE ORDER - 1

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(3)
The Clerk is further DIRECTED to update the docket accordingly and to
send a copy of this Minute Order to all counsel of record, as well as to William Broberg,
2 who was appointed to represent petitioner on appeal in Case No. CR14-328 TSZ, and to
J. Gregory Lockwood, petitioner’s former counsel of record in the criminal proceeding.
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(4)
Respondent is DIRECTED to serve another copy of its motion concerning
4 attorney/client privilege waiver on petitioner at the address set forth in Paragraph 2, and
to file proof of such service within three (3) days of the date of this Minute Order.
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(5)
The deadlines set forth in the Minute Order entered February 16, 2017,
docket no. 8, are EXTENDED as follows. Respondent’s Answer to the § 2255 motion
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shall be filed within thirty-five (35) days after the Court rules on respondent’s motion
7 concerning attorney/client privilege waiver.
(6)
Petitioner’s § 2255 motion, docket no. 1, as well as petitioner’s motion for
8 appointment of counsel, docket no. 2, are RENOTED to May 12, 2017.
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Dated this 1st day of March, 2017.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2