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

Case 1:05-cv-00410-MMS

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Filed 02/21/2006

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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"). The board had previously expected to convene a review panel in January 2006. However, prior to convening a panel, the examiner of the board has requested an advisory opinion from the Air Force Legal Services Agency regarding the standard for ineffective assistance of counsel in a pre-trial context such as the circumstances under which the plaintiff in this matter agreed to a discharge in lieu of a courts-martial. The AFBCMR expects to have an opinion within the next several weeks and, after allowing for commentary from the plaintiff, expects to convene a panel soon after receiving the advisory opinion.

Respectfully submitted, PETER D. KEISLER. Assistant Attorney General DAVID M. COHEN Director

Case 1:05-cv-00410-MMS

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Filed 02/21/2006

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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

February 21, 2006

Case 1:05-cv-00410-MMS

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Filed 02/21/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 21st day of February, 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