Free Response - District Court of Arizona - Arizona

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RECENED .iQ¤[$¥_ `_i4 _4i ;
UNITED STATES DISTRICT COURT "
DEC 3 1 2007
DISTRICT OF ARIZONA
CLERK U S DlSTF11CT COURT
. _ D;g·m1cT OF AR|ZO$*éPm.Y
UNITED STATES OF AMERICA. S BY.-—-——-··""
Plaintiff. CR—04-0358-PHX—DGC
VS.
S cv-0?—18S0—psx—nSc(JT!
LAWRENCE JACKSON.
Defendant.
§
MOVANT"S RESPONSE TO THE GOVERNMENT‘S
pp . MOTION TO SUMMARIL¥-DISMISS MOVANT'S § 2255 MOTION-
AND MOTION FOR NEW TRIAL
Comes now, Defendant/Movant Lawrence Jackson and pursuant to
this court‘s December l8, 2007 order files his pro—se response to
the government's motion to summarily dismiss.
ARGUMENT
On October 24, 2007 Respondent filed a "Motion to Summarily
Dismiss" (#l37). arguing that M0vant's refusal to waive his attorney
client privilege precluded Respondent from answering the Motion to
vacate.
After review of the relevant case law the defendant/movant
_waives»his¢attorneg_client privilege to the extent necessary to - v
give the government a fair Oppufuuniuy to defend against the charges.
As set forth in Bittaker v. Woodford, 33l F.3d 715 (9th Cir 2003)
Wherefore, premises considered. movant prays that this court
is able to evaluate the issues and allow the litigation in this
case to go forward.
Dated on this 26th day of December. 2007.
Case 2:04-cr—00358-DGC Document 143 Filed 12/31/2007 Page1 012

Respectfully submitted
By__;Z 9gQ,gy,h -
A Law ence Jackson
# 82426-008
U.S. Penitentiary Pollock
P.O. Box 2099
Pollock, Louisiana 71467
. Movant/pro-se
. _, . S __ CERTIFICATE OF SERVICE o ._t0 __,
This is to certify that on this 27th day of December, 2007,
a true and correct copy of the foregoing was mailed to the United
States Attorney and addressed as follows:·
Sharon K Sexton
Assistant U,S, Attorneyi
Two Renaisance Square
40 N. Central Ave., Suite l200
Phoenix, Arizona 85004-4408 -
By_ ZZ 52g5zégt:3
Lawrence Jackson
-2....
Case 2:04-cr—00358-DGC Document 143 Filed 12/31/2007 Page 2 of 2

Case 2:04-cr-00358-DGC

Document 143

Filed 12/31/2007

Page 1 of 2

Case 2:04-cr-00358-DGC

Document 143

Filed 12/31/2007

Page 2 of 2