Opinion
22 Civ. 2961 (KPF) 13 Cr. 869 (KPF)
07-13-2022
EDWIN VAZQUEZ, Movant, v. UNITED STATES OF AMERICA, Respondent.
Edwin Vazquez 65285-019 FCI McDowell David Andrew Gordon, Esq. Richard Alan Cooper U.S. Attorney's Office, SDNY
Edwin Vazquez 65285-019 FCI McDowell
David Andrew Gordon, Esq.
Richard Alan Cooper U.S. Attorney's Office, SDNY
ORDER DIRECTING PETITIONER'S ATTORNEY TO FILE AN AFFIDAVIT
KATHERINE POLK FAILLA, UNITED STATES DISTRICT JUDGE
WHEREAS Edwin Vazquez has moved for relief from his sentence pursuant to 28 U.S.C. § 2255 on the ground that his former attorney, David Andrew Gordon, provided ineffective assistance of counsel; and
WHEREAS the Court, after reviewing the motion papers following Mr. Vazquez's submission of his informed consent waiver of the attorney-client privilege, is satisfied that the testimony of Mr. Gordon is needed in order to allow the Government to respond to the motion; and
WHEREAS by making the motion, Mr. Vazquez has waived the attorney-client privilege as a matter of law, IT IS HEREBY ORDERED that Mr. Gordon shall give sworn testimony, in the form of an affidavit, addressing the allegations contained in Mr. Vazquez's declaration, dated June 7, 2022, which addresses the timeliness of his 2255 petition. (13 Cr. 869, Dkt. #76).
The Government will have 30 days from the receipt of Mr. Gordon's affidavit to submit its response to the pending petition.
The Clerk of Court is directed to mail a copy of this Order to the individuals listed below the Court's signature.
SO ORDERED.