Opinion
CASE NO. 2:11-CV-786 CRIM. NO. 2:10-CR-91
04-17-2013
JOHN H. SZEWCZYK, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
JUDGE GEORGE C. SMITH
MAGISTRATE JUDGE KEMP
ORDER
On March 12, 2013, the Magistrate Judge issued a Report and Recommendation recommending that the Court deny the pending motion to dismiss (Doc. 39) and direct the United States to file a return within sixty days, with petitioner having the right to reply within thirty days thereafter. No objections have been filed. The Report and Recommendation (Doc. 42) is therefore ADOPTED AND AFFIRMED. The motion to dismiss is DENIED. The United States shall file a response to petitioner's motion to vacate within sixty days. Petitioner may reply within thirty days thereafter. The Court reaffirms the finding that by filing his motion and raising a claim of ineffective assistance of counsel, petitioner has waived the attorney-client privilege with respect to communications with his attorney related to that claim.
IT IS SO ORDERED.
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George C. Smith
United States District Judge