Motion Relief from Order Pursuant to F.R.Civ.P 60 re Order — USA v. Staveley (Dkt. 97, D.R.I. No. 1:20-mj-00034, docketed in No. 1:20-cr-00074)

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Case 1:20-cr-00074-WES-LDA     Document 97     Filed 09/26/22     Page 1 of 4 PageID #:
980
United States District Court
District of Rhode Island
9/18/22

David Staveley
v.
United States of America
Criminal No. 20-CR-00074-MSM

RECEIVED
SEP 26 2022
U.S. DISTRICT COURT
DISTRICT OF R.I.

Motion for Relief
from Order under Federal Rule of
Civil Procedure - Rule 60(b)

The following Motion is presented to the honorable
Court by the defendant Pro Se due to the Motion to
Appoint Counsel (ECF No 76) being denied by this
receiving Court. The Defendant is not an attorney and
has no legal experience or knowledge and is submitting
this motion while incarcerated, during Covid-19 protocols
with limited resources, to research and investigate as well as
communicate or utilize resources to assist the defendant
in his action, this motion and attempt to effectively
represent himself.

1. The Courts decision was made on 9/15/22 at 2:19pm.
The Decision was made without reference to
and receipt of Defendants Motion in Objection
dated 9/15/22 (See attached) and prior to the
deadline for respones due by 9/26/2022 (See
Attachment 2)

2. The Defendant reiterates his objection to
the excessive amount of time requested (60) days
and the overly broad grant of waiver of Attorney-
Client privilege for which the order contains no
Case 1:20-cr-00074-WES-LDA     Document 97     Filed 09/26/22     Page 2 of 4 PageID #:
981
Case No. 20-CR-00074-MSM
Motion for Relief - Rule 60(b)
9/18/22

2. (cont) limitations. Additionally, actions by the
court demonstrate that while the defendant must
represent himself Pro Se due to the denial of
Counsel by this Court, his present incarceration
hinders and prejudices the defendant's ability
to be heard in a timely manner by the court
in motions in objection and otherwise being
presented. As demonstrated herewith.

3. The granting of the order (ECF No. 87) prior
to consideration of the Defendants
Objection and prior to the Court designated
Response deadline of 9/26/22 is prejudical.

The Defendant request relief as stated in Motion
in Objection dated 9/15/22 and attached.

Respectfully Submitted

David Staveley
Pro Se
Case 1:20-cr-00074-WES-LDA     Document 97     Filed 09/26/22     Page 3 of 4 PageID #:
982
Other Orders/Judgments
1:20-cr-00074-MSM-LDA USA v. Staveley CASE CLOSED on 10/12/2021
U.S. District Court
District of Rhode Island
Notice of Electronic Filing
The following transaction was entered on 9/15/2022 at 2:19 PM EDT and filed on 9/15/2022
Case Name: USA v. Staveley
Case Number: 1:20-cr-00074-MSM-LDA
Filer:
Document Number: No document attached
Docket Text:
TEXT ORDER: The United States Motion for an extension of time (ECF No. [87]) is GRANTED and
the United States is directed to respond to the Petitioners Motion to Vacate under 28 U.S.C. 2255
(ECF No. [79]) on or before November 10, 2022. Petitioner is directed to respond to the United
States Motion for an Order finding a waiver of attorney client privilege (ECF No. [87]) by
September 26, 2022. So Ordered by District Judge Mary S. McElroy on 9/15/2022.(Potter, Carrie)

1:20-cr-00074-MSM-LDA-1 Notice has been electronically mailed to:
Jason P. Knight jason.knight@jasonknightlaw.com
Lee Vilker lee.vilker@usdoj.gov, CaseView.ECF@usdoj.gov, jade.brennan@usdoj.gov,
lauren.masse@usdoj.gov, lindsay.beltzer@usdoj.gov, michele.sisson@usdoj.gov, miriam.contreras-
morales@usdoj.gov, richard.myrus@usdoj.gov, usari-ecf@usdoj.gov
Terrence P. Donnelly terrence.donnelly@usdoj.gov, brianne.campatelli@usdoj.gov, CaseView.ECF@usdoj.gov,
emma.caslowitz@usdoj.gov, jade.brennan@usdoj.gov, lindsay.beltzer@usdoj.gov, tara.moniz@usdoj.gov, usari-
ecf@usdoj.gov
1:20-cr-00074-MSM-LDA-1 Notice has been delivered by other means to:
David Staveley(Terminated)
04230049
FMC DEVENS - Federal Medical Center
P.O. Box 879
Ayer, MA 01432
Federal Rule of Civil Procedure Motion for Relief from order under Rule 60(b)
Case 1:20-cr-00074-WES-LDA     Document 97     Filed 09/26/22     Page 4 of 4 PageID #:
983
08/17/2022 | 77 | AMENDED MOTION to Appoint Counsel by David Staveley. Responses due by 8/31/2022. (Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered: 08/17/2022)
08/18/2022 | | TEXT ORDER: Defendants Motion to Appoint Counsel (ECF No. 77 ) is DENIED for the reasons stated in the Courts Text Order dated 8/17/2022 denying the same request in the same case. So Ordered by District Judge Mary S. McElroy on 8/18/2022.(Potter, Carrie) (Entered: 08/18/2022)
08/25/2022 | 78 | MANDATE of the U.S. Court of Appeals for the First Circuit as to David Staveley and in accordance with 53 Notice of Appeal - Other. (DaCruz, Kayla) (Entered: 08/25/2022)
08/29/2022 | 79 | MOTION to Vacate under 28 U.S.C. 2255 by David Staveley. Responses due by 9/12/2022. (Attachments: # 1 Envelope)(DaCruz, Kayla) Civil case 1:22-cv-00315-MSM opened. (Entered: 08/29/2022)
08/29/2022 | 80 | MOTION of Improper Communication by Chief Judge District of RI by David Staveley. Responses due by 9/12/2022. (Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered: 08/29/2022)
08/29/2022 | 81 | MOTION to Strike Malicious Prosecution. by David Staveley. Responses due by 9/12/2022. (Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered: 08/29/2022)
08/29/2022 | 82 | MOTION to Show Prosecution - US Attorney Failed to Provide Exculpatory Evidence by David Staveley. Responses due by 9/12/2022. (Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered: 08/29/2022)
08/29/2022 | 83 | MOTION Identifying Prejudice Egregious Performance - Ineffective Council by David Staveley. Responses due by 9/12/2022. (Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered: 08/29/2022)
08/31/2022 | 84 | RESPONSE In Opposition to by USA as to David Staveley re 80 MOTION of Improper Communication by Chief Judge District of RI Replies due by 9/7/2022. (Vilker, Lee). (Entered: 08/31/2022)
08/31/2022 | 85 | NOTICE OF ATTORNEY APPEARANCE Terrence P. Donnelly appearing for USA. (Donnelly, Terrence) (Entered: 08/31/2022)
08/31/2022 | 86 | RESPONSE In Opposition to by USA as to David Staveley re 82 MOTION to Show Prosecution - US Attorney Failed to Provide Exculpatory Evidence Replies due by 9/7/2022. (Vilker, Lee). (Entered: 08/31/2022)
09/12/2022 | 87 | MOTION REQUESTING AN ORDER (1) FINDING A WAIVER OF ATTORNEY-CLIENT PRIVILEGE IN §2255 PROCEEDING AND PERMITTING PRIOR COUNSEL TO DISCUSS ISSUES RAISED BY § 2255 PETITION AND (2) CONTINUING THE RESPONSE DATE FOR THE GOVERNMENTS MEMORANDUM re 79 MOTION to Vacate under 28 U.S.C. 2255, 83 MOTION Identifying Prejudice Egregious Performance - Ineffective Council, 81 MOTION to Strike Malicious Prosecution. by USA as to David Staveley. Responses due by 9/26/2022. (Attachments: # 1 Proposed Order)(Donnelly, Terrence) (Entered: 09/12/2022)
Attachment 2
09/14/2022 | 88 | MOTION to Preserve all Communication by Asst. U.S. Atty Lee Vilker by David Staveley. Responses due by 9/28/2022. (Attachments: # 1 Letter, # 2 Envelope) (DaCruz, Kayla) (Entered: 09/14/2022)
09/14/2022 | 89 | MOTION to Preserve all Communication by the Court by David Staveley. Responses due by 9/28/2022. (Attachments: # 1 Letter, # 2 Envelope)(DaCruz, Kayla) (Entered: 09/14/2022)


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