EVDOKIMOW v. United States

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

DAVID EVDOKIMOW, 1:19-cv-14130 (NLH) Petitioner, MEMORANDUM OPINION & ORDER v. UNITED STATES OF AMERICA, Respondent.

APPEARANCES: Craig Carpenito, United States Attorney Vera Varshavsky, Assistant United States Attorney US Attorneys Office District of New Jersey Broad Street 7th Floor Newark, NJ 07102 Attorneys for Respondent Lawrence S. Lustberg Gibbons, PC One Gateway Center Newark, NJ 07102-5310 Attorneys for Petitioner HILLMAN, District Judge WHEREAS, Petitioner David Evdokimow filed a motion to correct, vacate, or set aside his federal sentence under 28 U.S.C. § 2255 on June 21, 2019, see ECF No. 1; and WHEREAS, the motion raises several claims of ineffective assistance of counsel; and WHEREAS, when a § 2255 motion raises an issue of material fact, a district court is required to hold an evidentiary hearing unless the motion, files, and records of the case conclusively show that the Petitioner is not entitled to relief.

United States v. Tolliver, 800 F.3d 138, 141 (3d Cir. 2015); and WHEREAS, “[i]n the [ineffective assistance of counsel] context, a movant need only ‘raise[] sufficient allegations’ that his counsel was ineffective in order to warrant a hearing.” Id. (quoting United States v. Booth, 432 F.3d 542, 549 (3d Cir. 2005)) (final alteration in original); and WHEREAS, the Court finds that Petitioner has raised sufficient allegations to warrant a hearing, THEREFORE, IT IS on this 16th day of April, 2020 ORDERED that an evidentiary hearing on Petitioner’s § 2255 motion shall take place on Tuesday, June 23, 2020 at 1:00 p.m. in Courtroom 3A of the Mitchell H. Cohen Building & U.S. Courthouse, Camden; and it is further ORDERED that the Court expects to hear testimony from Petitioner’s trial counsel(s), as well as receive any and all evidence (such as notes, documents, and records) that is relevant to the inquiry; and it is finally ORDERED that any additional briefing is due 14 days prior to the hearing.

s/ Noel L. Hillman At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.