ROBINSON v. U.S., CR412-086. (2013)
Court: District Court, S.D. Georgia
Number: infdco20130820948
Visitors: 8
Filed: Aug. 19, 2013
Latest Update: Aug. 19, 2013
Summary: REPORT AND RECOMMENDATION G.R. SMITH, Magistrate Judge. Causing an atrocious waste of judicial resources, Derrick Jamein Robinson has filed a 28 U.S.C. 2255 motion even though a direct criminal case (CR412-086) is still proceeding against him. CV413-189, doc. 1. He alleges ineffective assistance of counsel and "denial of right of appeal," doc. 1 at 4, but admits that he has "not been sentenced yet." Id. at 1. And even though he is being prosecuted in this Court, he sent his 2255 motio
Summary: REPORT AND RECOMMENDATION G.R. SMITH, Magistrate Judge. Causing an atrocious waste of judicial resources, Derrick Jamein Robinson has filed a 28 U.S.C. 2255 motion even though a direct criminal case (CR412-086) is still proceeding against him. CV413-189, doc. 1. He alleges ineffective assistance of counsel and "denial of right of appeal," doc. 1 at 4, but admits that he has "not been sentenced yet." Id. at 1. And even though he is being prosecuted in this Court, he sent his 2255 motion..
More
REPORT AND RECOMMENDATION
G.R. SMITH, Magistrate Judge.
Causing an atrocious waste of judicial resources, Derrick Jamein Robinson has filed a 28 U.S.C. § 2255 motion even though a direct criminal case (CR412-086) is still proceeding against him. CV413-189, doc. 1. He alleges ineffective assistance of counsel and "denial of right of appeal," doc. 1 at 4, but admits that he has "not been sentenced yet." Id. at 1. And even though he is being prosecuted in this Court, he sent his § 2255 motion to the Northern District of Georgia, which transferred it back to this Court. Docs. 2 & 3.1
Suffice it to say that this § 2255 motion must be DISMISSED WITHOUT PREJUDICE.2 Robinson must await sentencing, then entry of judgment against him, and then exhaust any direct appeal rights before resorting to § 2255. United States v. Casaran-Rivas, 311 F. App'x 2691 273 (11th Cir. 2011) (if filed before sentencing, federal inmate's § 2255 motion to vacate based on ineffective assistance of counsel must be dismissed as premature); see also Doe v. Hastings, 2013 WL 607655 at * 2 (S.D. Ga. Feb. 5, 2013) ("Because the direct appeal of Doe's convictions is currently pending, Doe's convictions are not yet final, and § 2255 is not yet an available remedy."). He faces sanctions if he files any more frivolous motions like this. A copy of this R&R shall be served on his Probation Officer and current counsel.
SO REPORTED AND RECOMMENDED.
FootNotes
1. Currently this case is docket-captioned Robinson v. Unnamed Respondent. The Clerk is DIRECTED to amend the caption to Robinson v. United States and cross-link this (413CV189) case with the direct criminal proceedings against him, CR412-086. All subsequent filings shall conform. And until his criminal case is concluded, any downwind § 2255 motions shall be filed in this (CV413-189) civil action file, rather than in a new one.
2. The Court is preliminarily reviewing this case under Rule 4(b) of the Rules Governing Section § 2255 Proceedings.
Source: Leagle
