Motion for Leave to Amend Petition under 18 USC Section 2255 — USA v. Staveley (Dkt. 113, 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 113     Filed 11/29/22     Page 1 of 4 PageID #:
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page 1
United States District Court
District of Rhode Island

United States of America
v.
David Staveley
Case No. 20-CR-[illegible]-MSM

RECEIVED
NOV 29 2022
U.S. DISTRICT COURT
DISTRICT OF R.I.

Motion for Leave to Amend
Petition under 18 USC Section 2255

The following motion is presented to the honorable court, by the
Defendant Pro Se. The Defendant was denied counsel by the
court and is not an attorney. The Defendant is submitting
this motion without advice of counsel, while incarcerated,
without any court docket, decisions by the court, notices or any
matters taken by the court in this proceeding for over 60 days,
with limited ability and resources during Covid-19 protocals
hindering or completely eliminating the Defendant's
communication and garner information needed in this
proceeding.

Now comes David Staveley and request the Court to grant
him permission, under rule Fifteen (15) , to amend
his previously filed petition under Section 2255 and
in support thereof states as follows:

1. On 8/29/22 Staveley filed a petition under 18 USC
Section 2255 challenging his sentence based upon
inter alia, ineffective assistance of his counsel,
Jason Knight.

2. Staveley is incarcerated at FMC Devens in Massachusetts
and has been greatly hindered and prejudiced in
his ability to investigate and develop facts
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2. (cont.) to support the allegations contained in his
petition and also concerning the facts and
circumstances surrounding his prosecution by
the Government.

3. Although Staveley requested assistance of counsel
his motion for appointment of counsel was denied
by the Court, further prejudicing this proceeding.

4. The limited resources available to Staveley
while being incarcerated have greatly impacted
his ability to advance his petition on a
Pro Se basis.

5. Information has recently come to Staveley's
attention surrounding the relationship between
Staveley's Counsel, who never revealed or informed
his client that Knight was an elected official, part
of the State General Assembly, and a member of
the House of Representatives leadership. Knight never
disclosed his relationships with elected officials
from Warwick, R.I or his communication with
these individuals who are very powerful elected
officials. Both the Speaker and Sen. M. McCaffrey
are from Warwick and were or had an involvement
in matters relevant to these proceedings which Knight
undoubtedly was aware of and did not disclose.

6. Staveley would request the Court to allow Staveley
to amend his petition to include allegations
concerning these undisclosed relationships between
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6. (cont.) his counsel and the before mentioned individuals,
their associates and clients which may have negatively
impacted Staveley and to pursue discovery in this
matter with respect to the relationships between
Jason Knight and these individuals, associates and
their clients as it relates to possible improper
collusion.

7. No prejudice should accrue to any party
as the Court has not yet, to Staveley's knowledge,
scheduled a hearing on the mandated
collateral hearing in this matter.

8. Staveley asserts that he should be allowed to
pursue all relevant facts which would lead
to admissable evidence in support of his
petition under Section 2255.

Wherefore, Staveley submits this motion for
consideration by the Court and requests:

A. that the Court grant his motion to
amend his petition under 18 USC 2255; and

B. that the Court grant Staveley home confinement
as to not prejudice him any further in
his pursuit for justice; and

C. Such other and further relief and
orders as the Court deems appropriate.
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Respectfully Submitted,
[signature]
David Staveley
Pro Se


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