FOULKS v. U.S., 08-cr-30110. (2015)
Court: District Court, S.D. Illinois
Number: infdco20150324c97
Visitors: 12
Filed: Mar. 23, 2015
Latest Update: Mar. 23, 2015
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on petitioner Antonio T. Foulks' motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255 (Doc. 1). The United States of America filed a Response (Doc. 4) and requested a hearing on the issue of whether Petitioner timely requested that his attorney pursue an appeal. The Court believes an evidentiary hearing would expedite the resolution of Foulks' pending 2255 motion and ac
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on petitioner Antonio T. Foulks' motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255 (Doc. 1). The United States of America filed a Response (Doc. 4) and requested a hearing on the issue of whether Petitioner timely requested that his attorney pursue an appeal. The Court believes an evidentiary hearing would expedite the resolution of Foulks' pending 2255 motion and acc..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on petitioner Antonio T. Foulks' motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). The United States of America filed a Response (Doc. 4) and requested a hearing on the issue of whether Petitioner timely requested that his attorney pursue an appeal.
The Court believes an evidentiary hearing would expedite the resolution of Foulks' pending § 2255 motion and accordingly, finds that the interests of justice require that Foulks be represented by counsel at the hearing. The Court further finds that he is unable to afford counsel and accordingly, the Court hereby ORDERS that, pursuant to Rule 8(c) of the Rules Governing Section 2255 Proceedings and 18 U.S.C. § 3006A, attorney Patricia J. Koprucki is APPOINTED to represent Foulks for the purposes of this hearing only.
Should it become apparent after the hearing that further briefing on Foulks' § 2255 motion is necessary, the Court will enter an appropriate order at that time. The Court further DIRECTS the Clerk of Court to add Patricia J. Koprucki as an attorney of record for Petitioner Foulks in this matter and the underlying criminal case and to further allow Ms. Koprucki access to sealed documents in that case.
IT IS SO ORDERED.
Source: Leagle
