IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 25, 2009
UNITED STATES OF AMERICA, RESPONDENT,
ANTELMO ONTIVEROS, MOVANT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Movant is proceeding pro se with a motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. The motion, filed March 16, 2009, raises claims of ineffective assistance of trial and appellate counsel. On May 7, 2009, respondent filed a motion for an order finding a waiver of attorney client privilege. On May 18, 2009, the court granted movant fourteen days to file either an opposition or statement of non-opposition to this motion. Fourteen days passed and movant did not respond to the May 18, 2009, order.
It has long been the rule that when a petitioner raises a claim of ineffective assistance of counsel, he waives the attorney-client privilege as to all communications with his allegedly ineffective lawyer. See Bittaker v. Woodford, 331 F.3d 715, 716 (9th Cir. 2003). Good cause appearing, respondent's motion is granted.
Accordingly, IT IS ORDERED that:
1. Respondent's May 7, 2009, motion for an order finding waiver of the attorney-client privilege (no. 169) is granted;
2. Movant has waived attorney-client privilege as to all communications with his counsel regarding the ineffective assistance of counsel claims raised in the instant motion.
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