Motion to Request Timely Updates by the Court as to Petitioners Filings — USA v. Staveley (Dkt. 115, D.R.I. No. 1:20-mj-00034, docketed in No. 1:20-cr-00074)

Record facts

Full text

Case 1:20-cr-00074-WES-LDA     Document 115     Filed 11/29/22     Page 1 of 5 PageID #:
1072
11/18/22
page 1
United States District Court
District of Rhode Island

United States of America
v.
David Staveley
Case No. - CR-000[illegible]

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

Motion to request timely updates
by the Court as to Petitioner's filings

The following motion is presented to the honorable court by the
Defendant Pro Se. The Defendant was denied counsel by the
Court and he is not an attorney nor does he have any
legal experience. The Defendant is submitting this motion
without advice of counsel, while incarcerated, without
any Court notifications: Court Docket, notices, filings, or
Court decisions in the last 60 days, with limited resources
and during Covid-19 protocals creating a limited ability
for the Defendant to communicate, garner information or
to achieve any level of justice or success in these
proceedings.

Now comes the Defendant, David Staveley, the petitioner
under 18 USC, Section 2255 and requests that the Court
provide weekly updates as to filings, decisions and
any/all other docketed matters concerning his filings
and petition. In support thereof states as follows:

1. On 8/29/22 Staveley filed a petition challenging
his sentence in the Court.

2. Staveley is and has been at all times, in relation
to this petition, incarcerated at FMC Devens in
Ayer, Massachusetts.
Case 1:20-cr-00074-WES-LDA     Document 115     Filed 11/29/22     Page 2 of 5 PageID #:
1073
11/18/22
page 2
Case No. - CR-00074-MSM

3. Staveley has no access to the electronic filing system,
which the court is well aware of, in this matter and
is acting Pro Se against his will.

4. The Court has previously denied Staveley assistance
of Counsel, his motion for appointment of counsel
to assist him in this matter having been denied
on 8/18/22.

5. During the pendency of this matter the Court has
kept Staveley apprised of notices, filings and
decisions by sending copies of same via U.S. Mail
to Staveley at FMC Devens, but then abruptly
stopped without notice.

6. Since 9/15/22 and as of the date of this motion,
some (60) sixty-plus days, Staveley has not received
copies of relevant matters on the Docket in this
matter. Prejudicing the petitioner for over 60 days
without any court notifications on actions, filings
and decisions and leaving him voiceless. Specifically,
actions by the court to waive defendant's rights without
the defendant having any ability to be heard with
accuracy.

7. The Court has been notified of this omission since
11/4/22 via motion duly sent to the Court. The Court
was again notified via motion on 11/7/22 and
11/10/22, but has done nothing to rectify this prejudical
failure. Demonstrating total disregard for the
Defendant rights.
Case 1:20-cr-00074-WES-LDA     Document 115     Filed 11/29/22     Page 3 of 5 PageID #:
1074
11/18/22
page 3
Case No. - CR-00074-MSM

8. Staveley has a copy of the return receipt card
for the 11/4/22 motion and the two (2) subsequent
motions notifying the court. Attached hereto
is Exhibit A, indicating the (3) motions were
received by the Court, but still nothing has been
done.

Wherefore Staveley hereby requests the following
relief:

A. That the Court require the Clerk's office to
update Staveley at least weekly by U.S. Mail
to Staveley at FMC Devens with copies of all
notices, filings, decisions and other matters
relevant to his petition; and

B. All matters during the period of September 15,
2022 to present day, the period that Staveley
was denied access to matters and all decisions
in these proceedings he was never allowed knowledge
of, should be set aside and the Defendant
should be granted the ability to be heard for
the first time. The Defendant has been rendered
mute by the Court as decisions have been made
without his knowledge waiving his rights.

C. Staveley request relief in a form that
allows for him, based on being denied counsel,
to adequately advocate for himself and have
a legitimate ability for justice in these
proceedings.
Case 1:20-cr-00074-WES-LDA     Document 115     Filed 11/29/22     Page 4 of 5 PageID #:
1075
11/18/22
page 4
Case No. - CR-00074-MSM

D. Such other relief and Orders the Court finds
just and necessary in light of the extensive
evidence already provided.

Respectfully Submitted
[signature]
David Staveley
Pro Se
Case 1:20-cr-00074-WES-LDA     Document 115     Filed 11/29/22     Page 5 of 5 PageID #:
1076
Exhibit A
U.S. Postal Service
CERTIFIED MAIL RECEIPT
Domestic Mail Only
Certified Mail Fee $4.00
Postage $0.60
Total Postage and Fees $7.85
11/04/2022
Sent To: U.S. District Court Dist. of R.I.
1 Exchange Terrace
PROVIDENCE RI 02903
PS Form 3800, April 2015

U.S. Postal Service
CERTIFIED MAIL RECEIPT
Domestic Mail Only
Certified Mail Fee $4.00
Postage $0.60
Total Postage and Fees $7.85
11/07/2022
Sent To: U.S. Dist Court District of RI Clerk of Courts
1 Exchange Terrace
PROVIDENCE RI 02903
PS Form 3800, April 2015

U.S. Postal Service
CERTIFIED MAIL RECEIPT
Domestic Mail Only
Certified Mail Fee $3.25
11/10/2022
Sent To: U.S. District Court of RI - Clerk of Courts
1 Exchange Terrace
PROVIDENCE RI 02903
PS Form 3800, April 2015

SENDER: COMPLETE THIS SECTION
1. Article Addressed to:
U.S. District Court
Dist. of R.I
Clerk of Courts
1 Exchange Terrace
PROVIDENCE, RI 02903
Article Number: [illegible]
PS Form 3811, July 2020 PSN 7530-02-000-9053
Domestic Return Receipt

SENDER: COMPLETE THIS SECTION
1. Article Addressed to:
Office of Atty Jason Knight
One Turks Head Place
Suite 1440
Providence, RI 02903
Article Number: [illegible]
PS Form 3811, July 2020 PSN 7530-02-000-9053
Domestic Return Receipt


File and source

File

gov.uscourts.rid.49679.115.0.pdf

Size

683,009 bytes

SHA-256

502f1e231d5cb04cb5312db15cf0d44938bf8300eb5914c902b5ddfbc54df4d8

Our copy

gov.uscourts.rid.49679.115.0.pdf

Original

PACER (login required)