Opinion
CRIMINAL NO. 03-50033-03.
October 7, 2008
MEMORANDUM ORDER
Gatti has filed a Motion to Vacate (Doc. 318) under 28 U.S.C. § 2255. Judge Walter recently dismissed all claims in the federal petition except some claims of ineffective assistance of counsel. Those claims were referred to the undersigned for further proceedings, including an evidentiary hearing.
Attorney Douglas L. Harville is hereby appointed, pursuant to 18 U.S.C. § 3006A and Rule 8(c) of the Rules Governing Section 2255 cases, to represent Gatti with respect to the remaining claims in these district court proceedings. A status conference with both counsel will be held in the chambers of the undersigned on Wednesday, October 22, 2008 at 3:00 p.m. to discuss any needed discovery, a date for a hearing, and related matters. If counsel have a conflict with the date, they may contact the court to inquire about rescheduling.
Because Judge Walter has directed by separate order that a hearing be held on some claims and that the other claims are denied, Gatti's Motion for Evidentiary Hearing (Doc. 352) is denied as moot.