Gurule v. U.S., 2:16-cv-00625-DN. (2018)
Court: District Court, D. Utah
Number: infdco20180927e83
Visitors: 2
Filed: Sep. 26, 2018
Latest Update: Sep. 26, 2018
Summary: MEMORANDUM DECISION AND ORDER DENYING MOTION TO APPOINT COUNSEL DAVID NUFFER , District Judge . Petitioner Thomas Ray Gurule seeks appointment of counsel to assist in preparing and presenting a motion to correct the sentence imposed in his underlying criminal case (criminal no. 2:04-cr-00209-DN-1). 1 Mr. Gurule's Motion is procedurally improper. Judgment was entered in this case on July 10, 2018, 2 which denied and dismissed Mr. Gurule's 2255 Motion. 3 The Judgment was not appealed, an
Summary: MEMORANDUM DECISION AND ORDER DENYING MOTION TO APPOINT COUNSEL DAVID NUFFER , District Judge . Petitioner Thomas Ray Gurule seeks appointment of counsel to assist in preparing and presenting a motion to correct the sentence imposed in his underlying criminal case (criminal no. 2:04-cr-00209-DN-1). 1 Mr. Gurule's Motion is procedurally improper. Judgment was entered in this case on July 10, 2018, 2 which denied and dismissed Mr. Gurule's 2255 Motion. 3 The Judgment was not appealed, and..
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MEMORANDUM DECISION AND ORDER DENYING MOTION TO APPOINT COUNSEL
DAVID NUFFER, District Judge.
Petitioner Thomas Ray Gurule seeks appointment of counsel to assist in preparing and presenting a motion to correct the sentence imposed in his underlying criminal case (criminal no. 2:04-cr-00209-DN-1).1 Mr. Gurule's Motion is procedurally improper. Judgment was entered in this case on July 10, 2018,2 which denied and dismissed Mr. Gurule's § 2255 Motion.3 The Judgment was not appealed, and the case is closed.4 Therefore,
IT IS HEREBY ORDERED that Mr. Gurule's Motion5 is DENIED.
FootNotes
1. Request for Help in Appointment of Counsel ("Motion"), docket no. 12, filed Sept. 17, 2018.
2. Judgment in a Civil Case ("Judgment"), docket no. 11, filed July 10, 2018.
3. Motion Under 28 U.S.C. ¶ 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody ("§ 2255 Motion"), docket no. 1, filed June 10, 2016.
4. If Mr. Gurule desires the appointment of counsel to raise new claims regarding the propriety of his sentence, he must do so in a separate case.
5. Docket no. 12, filed Sept. 17, 2018.
Source: Leagle
