Filed: Apr. 10, 2014
Latest Update: Apr. 10, 2014
Summary: ORDER LARRY R. HICKS, District Judge. On April 19, 2014, the Court entered an Order denying Defendant's Motion for a Nunc Pro Tunc Sentencing Entry, or in the Alternative, Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody Pursuant to 28 U.S.C. 2255 for lack of jurisdiction. Doc. #68 1 . Accordingly, the Court shall deny Defendant's Motion for the Court to Enforce Sentence Imposed in State Case (Doc. #58) and Defendant's Motion for Jurisdictional Determination
Summary: ORDER LARRY R. HICKS, District Judge. On April 19, 2014, the Court entered an Order denying Defendant's Motion for a Nunc Pro Tunc Sentencing Entry, or in the Alternative, Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody Pursuant to 28 U.S.C. 2255 for lack of jurisdiction. Doc. #68 1 . Accordingly, the Court shall deny Defendant's Motion for the Court to Enforce Sentence Imposed in State Case (Doc. #58) and Defendant's Motion for Jurisdictional Determination (..
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ORDER
LARRY R. HICKS, District Judge.
On April 19, 2014, the Court entered an Order denying Defendant's Motion for a Nunc Pro Tunc Sentencing Entry, or in the Alternative, Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody Pursuant to 28 U.S.C. § 2255 for lack of jurisdiction. Doc. #681. Accordingly, the Court shall deny Defendant's Motion for the Court to Enforce Sentence Imposed in State Case (Doc. #58) and Defendant's Motion for Jurisdictional Determination (Doc. #54) as moot.
The Court shall also deny as moot Defendant's Motion for Production of Transcripts at Government Expense (Doc. #52). Defendant's Motion indicated that his request was for appellate purposes, however, he failed to file an appeal within thirty (30) days of the Court's judgment. Moreover, on December 17, 2012, the Court entered an Order directing preparation of Defendant's sentencing hearing transcripts at the United States' expense. Doc. #61. Accordingly, to the extent Defendant's request concerned the production of transcripts related to his Motion for a Nunc Pro Tunc Sentencing Entry, or in the Alternative, Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody Pursuant to 28 U.S.C. § 2255 (Doc. #63), it was fulfilled.
The Court shall also deny Defendant's Motion for Leave to Proceed in forma pauperis (Doc. #51). Leave of the Court to proceed in forma pauperis is not necessary to pursue the type of post-judgment relief Defendant has sought in this case.
Finally, the Court shall deny Defendant's Motion for Withdrawal of Attorney and Delivery of Records (Doc. #50). Defendant's counsel has been withdrawn and he has made no showing of a remaining right to pursue post-judgment relief in this case. Accordingly, his request for delivery of records is moot at this time.
IT IS THEREFORE ORDERED that Defendant's Motion for the Court to Enforce Sentence Imposed in State Case (Doc. #58) and Defendant's Motion for Jurisdictional Determination (Doc. #54) are DENIED as moot.
IT IS FURTHER ORDERED that Defendant's Motion for Production of Transcripts at Government Expense (Doc. #52) is DENIED as moot.
IT IS FURTHER ORDERED that Defendant's Motion for Leave to Proceed in forma pauperis (Doc. #51) is DENIED as moot.
IT IS FURTHER ORDERED that Defendant's Motion for Withdrawal of Attorney and Delivery of Records (Doc. #50) is DENIED as moot.
IT IS SO ORDERED.
