Simms v. USA

Filing 15

ORDER denying without prejudice 14 Petitioner's Motion to Request Phone Records. Signed by Magistrate Judge Julie S. Sneed on 4/26/2017. (SMC)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ANTHONY WILTON SIMMS, Petitioner, v. Case No. 8:15-cv-59-T-27JSS UNITED STATES OF AMERICA, Respondent. ______________________________/ ORDER THIS MATTER is before the Court on Petitioner’s Motion to Request Phone Records (Dkt. 14) in which he requests the Court issue a subpoena to obtain “phone records and recordings of the telephone conversations between the petitioner and his then attorney of record, Mr. Jeffrey Brown” while Petitioner was detained at the Citrus County Detention Center. A Section 2255 petitioner generally is “not entitled to discovery as a matter of ordinary course” and must instead demonstrate “good cause.” Arthur v. Allen, 459 F.3d 1310, 1310 (11th Cir. 2006). “Good cause is demonstrated where specific allegations . . . show reason to believe that the petitioner may, if the facts are fully developed, be able to demonstrate that he . . . is entitled to relief.” Id. (citation and internal quotation marks omitted). Petitioner has failed to demonstrate good cause because he does not specify why he needs the records, beyond his vague and conclusory assertion that “these records are . . . critical.” Accordingly, it is ORDERED that Petitioner’s Motion to Request Phone Records (Dkt. 14) is DENIED without prejudice. DONE AND ORDERED in Tampa, Florida, on April 26, 2017. Copies to: Pro Se Petitioner; Counsel of Record

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