Free Order - District Court of Arizona - Arizona

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Case 2:04-cr-00358-DGC Document 139 - 1 Filed 12/18/2007 Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
United States of America, Plaintiff/Respondent -vsLawrence Leon Jackson, Defendant/Movant CR-04-0358-PHX-DGC CV-07-1880-PHX-DGC (JI) ORDER

On October 24, 2007, Respondent filed a "Motion to Summarily Dismiss" (#137), arguing that Movant's refusal to waive his attorney client privilege precluded Respondent from answering the Motion to Vacate. Respondent argues that the Court should either

summarily dismiss the Motion to Vacate, or find an implicit waiver adequate to allow a response. To date, Movant has not responded to the Motion to Summarily Dismiss. Without a response, the Court is limited in its ability to evaluate the issues. Moreover, in light of Movant's apparent preference to preserve his attorney client privilege, the undersigned is inclined to recommend dismissal of Movant's allegations of ineffective assistance, rather than finding an implicit waiver over Movant's objections. IT IS THEREFORE ORDERED that Movant shall have ten days from the filing of this Order to respond to Respondent's Motion to Summarily Dismiss, filed October 24, 2007 (#137).

DATED: December 18, 2007
S:\Drafts\OutBox\04-0358-o Order 07 11 29 re Response to MWaiver.wpd

_____________________________________ JAY R. IRWIN United States Magistrate Judge