Willingham v. United States of America

Filing 27

ORDER finding as moot 26 Motion for Order of Designation of Record on Appeal. Signed by Chief Judge J. Randal Hall on 1/28/2019. (pts)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

ANGELA WILLINGHAM,

Petitioner,
CV 118-027

V.

(Formerly OR 113-010)
UNITED STATES OF AMERICA,

Respondent.

ORDER

Before

the

Court

is

Petitioner's

D[e]signation of Record on Appeal.

Motion

(Doc. 26.)

for

Order

of

Petitioner asks

that the Clerk provide the Eleventh Circuit Court of Appeals with
a

number of documents from the record.

appeal on October 19, 2018.

Petitioner

noticed the

(Notice of Appeal, Doc. 23.)

On the

same day, the Clerk docketed the Certificate of Readiness declaring
that ^^[t]he entire record on appeal is available electronically."
(Docket, Oct. 19, 2018.)

Therefore, the first three

requests

contained in Petitioner's motion have been satisfied.

Finally, Petitioner requests ''[a]11 pleadings related to all
[sic] the 28 U.S.C. section 2255 Motion to Vacate, Set Aside, or
Correct

Sentence

and

the

entire

file

in

the

Clerk's

[0]ffice

related to this case." (Mot. for Order of Designation of R. on

Appeal, Doc. 26, at 1.)

The case numbers on Petitioner's motion

are CV 118-027, CV 115-092, and CR 113-092.

CR 113-092 is an

incorrect case number, and the Court presumes Petitioner intended
to reference CR 113-010.
records

in

CV

118-027

and

To the extent Petitioner requests the
CR

113-010

be

made

available

to

the

Eleventh Circuit Court of Appeals, as noted above, that request
has been satisfied.

To the extent Petitioner requests the same

for CV 115-092, that case was not noticed for appeal and is not

classified as a related case.

Consequently, there is no appeal of

CV 115-092 requiring a record.

Based on the foregoing. Petitioner neglects to assert an issue

requiring the Court's action.

Accordingly, Petitioner's Motion

for Order of D[e]signation of Record on Appeal (Doc. 26) is DENIED
AS MOOT.i

ORDER ENTERED at Augusta, Georgia, this

of January,

2019.

lEF JUDGE

UNITED >STATES DISTRICT COURT
DISTRICT OF GEORGIA

^ Petitioner filed identical motions in cases CR 113-010 (Doc. 620) and CV 115-

092 (Doc. 22).
AS MOOT.

For the reasons set forth herein, those motions are also DENIED