Jemison v. United States of America (INMATE 3)

Filing 28

ORDERED that the 27 Motion for Copy of Docket Without Cost is DENIED at this time, as further set out in order. Signed by Honorable Charles S. Coody on 3/2/2009. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J A M E S JEMISON, JR., P e titio n e r, v. UNITED STATES OF AMERICA, R e sp o n d e n t. ) ) ) ) ) ) ) ) ) Civil Action No. 2:08cv714-WHA (WO) O R D E R ON MOTION O n February 27, 2009 (Doc. No. 27), the petitioner filed a "Motion for Copy of D o c k e t Without Cost." In this motion, the petitioner requests a copy of the docket sheet so th a t he can determine the docket entry number of the transcript of his sentencing hearing, w h ic h the petitioner says he is in need of. In addition, the petitioner asks that he be allowed to proceed in forma pauperis in this action. T h e petitioner is advised that a copy of his sentencing hearing is contained in "Exhibit D " attached to the government's response to his 2255 motion. The government's response (D o c . No. 23) was filed on January 22, 2009, and it contains a certificate of service indicating th a t it was mailed to the petitioner on that same date. Accordingly, and for good cause, it is O R D E R E D that the "Motion for Copy of Docket Without Cost" (Doc. No. 27) is D E N IE D at this time. The petitioner is further advised that if he has not received a copy of th e government's response to his 2255 motion, or if his sentencing transcript has not been in c lu d e d as an exhibit attached to the government's response, he should notify this court on o r before March 16, 2009, at which time the court will take steps to ensure that the petitioner re c e iv e s a complete copy of the government's response and all exhibits attached thereto. Done this 2 n d day of March, 2009. /s/Charles S. Coody CHARLES S. COODY U N IT E D STATES MAGISTRATE JUDGE 2

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