U.S. v. Shepard, CR 10-1032-TUC-CKJ (2018)
Court: District Court, D. Arizona
Number: infdco20180629c27
Visitors: 12
Filed: Jun. 27, 2018
Latest Update: Jun. 27, 2018
Summary: ORDER CINDY K. JORGENSON , District Judge . Pending before the Court are the Request to District Court Clerk B.D.K. to Forward Record to Movant (CR 10-1032, Doc. 922; CV 15-504, Doc. 91) filed by Movant Moses Shepard ("Shepard"). Shepard requests the Clerk of Court provide him with copies of the documents that comprise the excepts of record pursuant to Circuit Rule 30-3. However, it appears Shepard may be seeking copies of all records based on this Rule: Accordingly, Movant requests that
Summary: ORDER CINDY K. JORGENSON , District Judge . Pending before the Court are the Request to District Court Clerk B.D.K. to Forward Record to Movant (CR 10-1032, Doc. 922; CV 15-504, Doc. 91) filed by Movant Moses Shepard ("Shepard"). Shepard requests the Clerk of Court provide him with copies of the documents that comprise the excepts of record pursuant to Circuit Rule 30-3. However, it appears Shepard may be seeking copies of all records based on this Rule: Accordingly, Movant requests that t..
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ORDER
CINDY K. JORGENSON, District Judge.
Pending before the Court are the Request to District Court Clerk B.D.K. to Forward Record to Movant (CR 10-1032, Doc. 922; CV 15-504, Doc. 91) filed by Movant Moses Shepard ("Shepard").
Shepard requests the Clerk of Court provide him with copies of the documents that comprise the excepts of record pursuant to Circuit Rule 30-3. However, it appears Shepard may be seeking copies of all records based on this Rule:
Accordingly, Movant requests that the District Court Clerk forward to him, within twenty-one (21) days, all items e-filed/docketed in the above-notes case numbers (CR 10-1032 and CV 15-504), in paper-copy format, including all sealed items, to which he has the right as a party in each action. In the interests of judicial economy, the Clerk is requested to send all such items on aa USB external disk drive (whether termed Thumb Nail/Flash Drive/Memory Stick), instead of in paper-format, which should include transcripts of all status conference/hearings (including, but not limited to the 1/17-19/12 trial).
Request (Doc. 922), p. 2. However, that rule only applies to "cases involving appeals by prisoners[.]" Circuit Rule 30-3. Although Shepard implicitly argues that his placement on supervised release qualifies him as a prisoner, he has not provided any authority for this implied assertion that he is a prisoner within the meaning of the appellate rule.1 The Court advises the Clerk of Court it need only comply with its normal protocols regarding forwarding the record to the circuit clerk. See Fed.R.App.P. 11.
Accordingly, IT IS ORDERED the Request to District Court Clerk B.D.K. to Forward Record to Movant (CR 10-1032, Doc. 922; CV 15-504, Doc. 91) is DENIED.
FootNotes
1. For example, "the term `prisoner' means any person incarcerated or detained in any facility . . ." 28 U.S.C.A. § 1915(h). Shepard does not argue that his placement on supervised release includes current incarceration or detention.
Source: Leagle
