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Order — United States v. Leonard Charles Thomas, Jr. (S.D. Miss., Dkt. 51, August 25, 2023)

Summary

An Order in United States of America v. Leonard Charles Thomas, Jr., Criminal No. 1:21-cr-00039-TBM-RHWR-1 and Civil Action No. 1:23-cv-00204-TBM, Document 51, filed August 25, 2023, in the U.S. District Court for the Southern District of Mississippi, Southern Division. The Order notes that Thomas filed a Motion to Vacate, Set Aside, or Correct a Sentence under 28 U.S.C. § 2255 alleging ineffective assistance of counsel. It orders Thomas's former attorney, James Bailey Halliday, to file within forty-five (45) days a written affidavit responding to the allegations and to provide a copy to the Government. The Court finds that Defendant has waived the attorney-client privilege for these proceedings, and the Government is to respond within thirty (30) days after the affidavit is filed.

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“Order — United States v. Leonard Charles Thomas, Jr. (S.D. Miss., Dkt. 51, August 25, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-21-cr-00039-dkt-51-s-d-miss-ef34825730/, SHA-256 21a2392bcaa26917d948ee5e1f8b8965e9536a096b952925663870c7a9170df0.

Full text

        Case 1:21-cr-00039-TBM-RHWR Document 51 Filed 08/25/23 Page 1 of 1


                        IN THE UNITED STATES DISTRICT COURT
                      FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
                                 SOUTHERN DIVISION

UNITED STATES OF AMERICA

        v.                                           CRIMINAL NO. 1:21-cr-00039-TBM-RHWR-1
                                                     CIVIL ACTION NO. 1:23-cv-00204-TBM
LEONARD CHARLES THOMAS, JR.
                                                ORDER

       Defendant Leonard Charles Thomas, Jr. (“Thomas”) filed a Motion to Vacate, Set Aside, or

Correct a Sentence by a person in Federal Custody Under 28 U.S.C. § 2255 in which he alleges that he

received ineffective assistance of counsel. [49], [50]. Before considering the Motion to Vacate, the Court

finds Thomas’s former defense counsel should be required to respond to his allegations via affidavit.

Accordingly:

       IT IS THEREFORE ORDERED that Defendant’s former attorney, James Bailey Halliday, shall

file, within forty-five (45) days of this Order, a written affidavit responding to the allegations in

Defendant’s Motion to Vacate Under 28 U.S.C. § 2255, and shall provide a copy of the affidavit to the

Government. The Government is directed to furnish the above-referenced attorney with a copy of this

Order and Defendant’s Motion to Vacate Under 28 U.S.C. § 2255, if he has not received them from the

Clerk of Court.

       The Court specifically finds that Defendant has waived his right to claim attorney-client privilege

in regard to these proceedings.

       IT IS FURTHER ORDERED that the Government shall file its Response to Defendant’s Motion

to Vacate Under 28 U.S.C. § 2255 within thirty (30) days after defense counsel’s affidavit is filed.

       SO ORDERED this the 25th day of August, 2023.

                                                     ___________________________
                                                     TAYLOR B. McNEEL
                                                     UNITED STATES DISTRICT JUDGE

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