REPLY TO RESPONSE by USA as to David Staveley re 92 Response to Motion — PPP Attempt Conspiracy Legal Filings (Dkt. 99)

Summary

The United States' reply to the defendant's response in opposition to the government's motion requesting orders in the §2255 proceeding brought by David Staveley, Criminal No. 20-cr-00074-MSM-LDA and Civil Action No. 22-cv-00315-MSM, in the U.S. District Court for the District of Rhode Island, filed September 27, 2022 as Document 99. It recounts that the government moved for relief (ECF No. 87) and that the defendant objected (ECF No. 92). It states that on September 15, 2022 the court set a September 26, 2022 deadline for the defendant's response and gave the government until November 10, 2022 to respond to the §2255 motion. The government argues it cannot file a meaningful response until questions about what remains of the defendant's attorney-client privilege are resolved. The certificate of service is signed by Assistant U.S. Attorney Terrence P. Donnelly.

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Case 1:20-cr-00074-MSM-LDA Document 99 Filed 09/27/22 Page 1 of 2 PageID #: 996



                             UNITED STATES DISTRICT COURT
                               DISTRICT OF RHODE ISLAND

     DAVID STAVELEY,
       Petitioner,                             )
                                               )       Criminal No. 20-cr-00074-MSM-LDA
                                               )
v.                                             )       [Civil Action No. 22-cv-00315-MSM]
                                               )
     UNITED STATES OF AMERICA,                 )
       Respondent.                             )


                       UNITED STATES’ REPLY TO DEFENDANT’S RESPONSE IN
                     OPPOSITION TO THE GOVERNMENT’S MOTION REQUESTING
                                 ORDERS IN §2255 PROCEEDING


         The Government moved for relief in this §2255 proceeding (ECF No. 87), and the

defendant objected. (ECF No. 92.) On September 15, 2022, the Court ordered the defendant to

file its response to the government’s motion No. 87 by September 26, 2022. On that same date,

the Court gave the government until November 10, 2022 to file its response to the defendant’s

§2255 motion. The government, of course, cannot file a meaningful response to the defendant’s

§2255 motion until the issues of what remains of the defendant’s attorney-client privilege are

resolved, as discussed in ECF No. 87.



                                                         Respectfully submitted,

                                                         ZACHARY A. CUNHA
                                                         UNITED STATES ATTORNEY




                                                         _______________________
                                                         TERRENCE P. DONNELLY
                                                         Assistant U.S. Attorney


                                                   1
Case 1:20-cr-00074-MSM-LDA Document 99 Filed 09/27/22 Page 2 of 2 PageID #: 997



                 CERTIFICATE OF SERVICE

        I hereby certify that on 27th day of September 2022 the within “UNITED STATES’
 REPLY” was filed electronically and is available for viewing and downloading from the ECF
 system, and was mailed to

        David Staveley

                                                  /s/ Terrence P. Donnelly
                                                  TERRENCE P. DONNELLY
                                                  Assistant U.S. Attorney
                                                  U.S. Attorney’s Office
                                                  One Financial Plaza, 17th Floor
                                                  Providence, RI 02903
                                                  401-709-5000




                                              2


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