ORDER

ELIZABETH A. KOVACHEVICH, District Judge.

This cause is before the Court on:

Dkt. 99 Motion for Status Report or Hearing

The assigned Magistrate Judge conducted a hearing with counsel for the Government and Defendant's former counsel via telephone on May 31, 2016 (Dkt. 93). As to Defendant Daniele's Motion to Compel the Government and Defendant's counsel to produce documents (Dkt. 88), the assigned Magistrate Judge entered an Order granting Defendant's Motion in part and denying it in part. (Dkt. 95, Exh. 1, attached).

After consideration, the Court grants the Motion for Status Report and denies the Motion for Hearing. Accordingly, it is

ORDERED that the Motion for Status Report (Dkt. 99) is granted; the Motion for Hearing is denied. The Clerk of Court is directed to mail a copy of this Order to Defendant Daniele at the following address:

This cause is before the Court on Defendant's Motion to Compel and for the Appointment of Counsel (Doc. 88), and the Government's Response in Opposition (Doc. 90).

A brief telephone conference was conducted May 31,2016, with former counsel Mr. Siegel and AUSA Palermo.

As pertains to this Order, the Defendant seeks an order compelling the Government and his former counsel to disclose all the contents of his criminal file, ostensibly so he may file a motion to vacate under 28 U.S.C. §2255. And, while admitting that he is not entitled to appointment of counsel for such endeavor, he requests the Court appoint counsel so as to assist in discovery and preparation of such motion.

Insofar as Defendant seeks discovery of the government's file, the government responds that he is not entitled to the same. Moreover, the government notes that any motion brought pursuant to Section 2255 would be untimely.

Upon consideration, the Motion is granted in part and denied in part. Defense counsel has no objection to surrendering the contents of his file consistent with Bureau of Prison ("BOP") regulations as long as the cost of such are borne by the Defendant. Accordingly, within twenty-five (25) days of counsel's receipt of adequate funds to cover the cost of mailing/shipping of the defense file to the Defendant, such matters shall be mailed or otherwise shipped by counsel to Defendant c/o the federal correctional institution at Morgantown, WV 26508.

Insofar as the Defendant seeks discovery of the government's file, the Motion is denied. Insofar as the Defendant seeks appointment of counsel for assistance with a Section 2255 motion, the Motion is denied. As to these matters, the Court finds the government's arguments in opposition persuasive.

DONE and ORDERED.