U.S. v. CARR, 8:09CR435. (2014)
Court: District Court, D. Nebraska
Number: infdco20140507a90
Visitors: 17
Filed: May 06, 2014
Latest Update: May 06, 2014
Summary: ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the defendant's, Corey M. Carr (Carr), motion for copies (Filing No. 55). This is Carr's third request for copies of the case transcripts, plea colloquy, and other documents pertinent to his case. The court denied Carr's previous motions without prejudice to reassertion after filing a section 2255 petition or other timely motion. See Filing No. 52 — Order; Filing No. 54 — Order. The court also noted a one-year peri
Summary: ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the defendant's, Corey M. Carr (Carr), motion for copies (Filing No. 55). This is Carr's third request for copies of the case transcripts, plea colloquy, and other documents pertinent to his case. The court denied Carr's previous motions without prejudice to reassertion after filing a section 2255 petition or other timely motion. See Filing No. 52 — Order; Filing No. 54 — Order. The court also noted a one-year perio..
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ORDER
THOMAS D. THALKEN, Magistrate Judge.
This matter is before the court on the defendant's, Corey M. Carr (Carr), motion for copies (Filing No. 55). This is Carr's third request for copies of the case transcripts, plea colloquy, and other documents pertinent to his case. The court denied Carr's previous motions without prejudice to reassertion after filing a section 2255 petition or other timely motion. See Filing No. 52 — Order; Filing No. 54 — Order. The court also noted a one-year period of limitation applies to motions under 28 U.S.C. § 2255. See Filing No. 52 — Order (citing 28 U.S.C. § 2255(f)). The court entered judgment against Carr on July 14, 2010. See Filing No. 48 — Judgment. Carr has not filed a motion for post-conviction relief with this court.
As previously explained, 28 U.S.C. § 2250 contemplates the filing of a motion for collateral review of a conviction before free copies of the record are furnished to the moving party. See Chapman v. United States, 55 F.3d 390, 390-91 (8th Cir. 1995) (stating any request for a free transcript prior to the filing of a section 2255 motion is premature). Accordingly, the court finds Carr's motion should be denied at this time without prejudice to reassertion after filing a section 2255 petition or other timely motion. Carr may request copies from the Clerk of the Court at his own expense. Upon consideration,
IT IS ORDERED:
The defendant's motion (Filing No. 55) is denied.
Source: Leagle
