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Brodie v. United States

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Sep 16, 2020
1:20-cv-12713 (NLH) (D.N.J. Sep. 16, 2020)

Opinion

1:20-cv-12713 (NLH)

09-16-2020

JOSEPH BRODIE, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

APPEARANCES: Joseph Brodie 71142-050 Cumberland Federal Correctional Institution Inmate Mail/Parcels P.O. Box 1000 Cumberland, MD 21501 Petitioner pro se Craig Carpenito, United States Attorney Sara Aliya Aliabadi, Assistant United States Attorney U.S. Attorney's Office for the District of New Jersey 401 Market Street P.O. Box 2098 Camden, NJ 08101 Attorneys for Respondent


MEMORANDUM OPINION & ORDER

APPEARANCES: Joseph Brodie
71142-050
Cumberland
Federal Correctional Institution
Inmate Mail/Parcels
P.O. Box 1000
Cumberland, MD 21501

Petitioner pro se Craig Carpenito, United States Attorney
Sara Aliya Aliabadi, Assistant United States Attorney
U.S. Attorney's Office for the District of New Jersey
401 Market Street
P.O. Box 2098
Camden, NJ 08101

Attorneys for Respondent HILLMAN , District Judge

WHEREAS, Petitioner Joseph Brodie filed a motion to correct, vacate, or set aside his federal sentence under 28 U.S.C. § 2255, ECF No. 1; and

WHEREAS, Petitioner requests the appointment of counsel; and

WHEREAS, a court may appoint counsel to any financially eligible person seeking relief under § 2255 when "the interests of justice so require . . . ." 18 U.S.C. § 3006A(a)(2)(B); and

WHEREAS, the Court appointed Petitioner an attorney from the Criminal Justice Act Panel to represent him during his trial, see United States v. Brodie, No. 18-cr-0162. The Court concludes Petitioner is a financially eligible person; and

WHEREAS, the interests of justice would be served by appointing an attorney to represent Petitioner given the nature of the claims raised in the petition,

THEREFORE, IT IS on this 16th day of September, 2020

ORDERED that the Court appoints counsel for Petitioner, 18 U.S.C. § 3006A; and it is further

ORDERED that the Clerk of the Court shall identify an attorney from the CJA list for appointment; and it is further

ORDERED that appointed counsel shall file an amended motion under 28 U.S.C. § 2255 within 60 days of their appointment; and it is finally

ORDERED that the Clerk shall send a copy of this Order to Petitioner by regular mail.

s/ Noel L. Hillman

NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey


Summaries of

Brodie v. United States

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Sep 16, 2020
1:20-cv-12713 (NLH) (D.N.J. Sep. 16, 2020)
Case details for

Brodie v. United States

Case Details

Full title:JOSEPH BRODIE, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Sep 16, 2020

Citations

1:20-cv-12713 (NLH) (D.N.J. Sep. 16, 2020)