MEMORANDUM OPINION AND ORDER as to Anthony Cruz; directing Movants prior counsel, Roger L. Lambert, to file within thirty (30) days of the date of this Order an affidavit responding to Movants ineffective assistance of counsel claims set forth in t he {{192}} Motion to Vacate, Set Aside, or Correct Sentence. The Court further directs that the attorney client privilege, which attaches to the communications between Movant and counsel, shall not be deemed as automatically waived in any other Federa l or State proceeding by virtue of the above-ordered disclosure in this § 2255 proceeding. The United States is directed to answer said Motion within forty-five (45) days after the filing of Mr. Lamberts affidavit. Movant may, if he wishes, file a reply to the Answer of the United States within thirty (30) days after service of the Answer by the United States. Signed by Magistrate Judge Cheryl A. Eifert on 9/17/2019. (cc: Judge, USA, Roger Lambert, counsel, deft)
Southern District of West Virginia, wvsd-2:2018-cr-00004-222442