Free Joint Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00410-MMS

Document 23

Filed 04/28/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MARIO R. LOPEZ-VELAZQUEZ, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-410C (Chief Judge Damich)

JOINT STATUS REPORT Pursuant to this Court's November 1, 2005 order, the parties respectfully submit the following Joint Status Report on the status of proceedings before the Air Force Board for Correction of Military Records ("AFBCMR" or "board"). Prior to convening a review panel, the legal advisor to the board requested an advisory opinion from the Air Force Legal Operations Agency ("Legal Operations") regarding the standard for ineffective assistance of counsel in a pretrial context such as the circumstances under which the plaintiff in this matter agreed to a discharge in lieu of a courts-martial. However, due to a misunderstanding between the above parties, nobody was assigned at that time to write the opinion. However, Legal Operations has now assigned a Lieutenant Colonel to write the advisory opinion, which he expects to issue within the next 30 days. The AFBCMR intends to afford plaintiff's counsel 30 days to render a response to that opinion. The AFBCMR further expects to issue a decision within 30 days after the plaintiff's response. To allow for the completion of the AFBCMR review along the lines described herein, the parties request that this Court stay this matter for an additional 92 days, until August 1, 2006.

Case 1:05-cv-00410-MMS

Document 23

Filed 04/28/2006

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Respectfully submitted, PETER D. KEISLER. Assistant Attorney General DAVID M. COHEN Director s/ Todd M. Hughes TODD M. HUGHES Assistant Director s/ Gary Myers GARY MYERS 78 Clark Mill Road Weare, NH 03281 Attorney for Plaintiff s/ James D. Colt JAMES D. COLT Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L. Street, NW Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 305-7562 Fax: (202) 305-7643 Attorneys for Defendant

April 28, 2006

Case 1:05-cv-00410-MMS

Document 23

Filed 04/28/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 28th day of April, 2006, a copy of the foregoing JOINT STATUS REPORT, was filed electronically. I understand that notice of this filing will be sent to all parties of record by the operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ James D. Colt