Cotter v. United States of America

Filing 11

ORDER denying without prejudice 6 Motion for discovery. See order for details. Signed by Magistrate Judge Thomas E. Morris on 12/21/2010. (DLC)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION JAMES ROBERT COTTER, Petitioner, vs. UNITED STATES OF AMERICA, Respondent. __________________________________ ORDER This case is before the Court on the Motion for Delivery of Discovery (Doc. #6) filed by the Petitioner, currently proceeding pro se. Petitioner appears to seek the discovery materials held by his previously appointed counsel, Mr. James H. Burke, Jr., Esq., who represented Petitioner during the sentencing phase of his criminal case. However, CASE NO. 3:08-cr-326-J-20TEM 3:10-cv-1075-J-20TEM

Petitioner's request is worded so broadly that the Court is concerned the Petitioner is attempting to engage in a general fishing expedition for discovery, which is impermissible. See, e.g., United States v. Hollis, No. 3:04-cr-00140-HRH-JDR, 2010 WL 892196 (D.Alaska, Mar. 10, 2010) (noting a habeas petitioner may not engage in a fishing expedition for the sake of turning up new potential 2255 claims). In limited circumstances the Petitioner may be entitled to specific discovery targeted to his position in this matter, but he should limit his request to reflect the sought information is pertinent to the claims he has already raised in pursuit of this 18 U.S.C. § 2255 habeas petition. See id. Having reviewed the instant motion, and upon due consideration, it is hereby ORDERED:

Petitioner's Motion for Delivery of Discovery (Doc. #6) is DENIED without prejudice. Petitioner may file a renewed motion upon correction of the above-noted deficiency. DONE AND ORDERED at Jacksonville, Florida this 21st day of December, 2010.

Copies to: United States Attorney (Frein) Pro se Petitioner FPD (Burke)

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