GRAHAM v. HEAD

Filing 10

ORDER granting 2 MOTION for Leave to Proceed in forma pauperis filed by ALEXANDER GRAHAM. The Court directs respondent to file records within twenty one days of the date this Order is served. Signed by Magistrate Judge G. R. Smith on 6/5/2013. (loh)

V
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
ALEXANDER GRAHAM,
Petitioner,
Case No. CV413-105

V.

FREDRICK HEAD,
Respondent.

i1 P]3I
Alexander Graham has filed a 28 U.S.C. § 2254 petition, doe. 1, and
moves for leave to proceed in formapauperis (IFP). Doc. 2. Finding him
indigent, the Court GRANTS his IFP motion. Doc. 2. Before this case
was transferred in from another district, respondent filed an opposition
brief on the merits and supplied transcript cites. Doc. 3. But he filed no
transcripts or other records (e.g. a copy of adverse direct and collateral
appeal rulings). The Court DIRECTS him to ifie those records within
21 days of the date this Order is served.
Graham, in the meantime, is reminded that it is the province of
neither this Court nor respondent to argue his claims for him, and that
conclusory claims (e.g., simply claiming his lawyer was ineffective for not

raising a particular defense) are summarily denied! In that respect, he
is free to file as many briefs as he wants until this Court rules, which can
be at any time after respondent complies with this Order.
SO ORDERED, this 5th day of June, 2013.

UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

See Caderno v. United States, 256 F.3d 1213, 1217 (11th Cir. 2001) (citing Tejada V.
Dugger, 941 F.2d 1551, 1559 (11th Cir. 1991)); see also United States u. LaetividalGonzalez, 939 F.2d 1455, 1465 (11th Cir. 1991) (no hearing required where movant's
allegations fail to satisfy the prejudice prong of Strickland's ineffective assistance of
counsel test); Holmes v. United States, 876 F.2d 1545, 1553 (11th Cir. 1989) (no
hearing required on claims "which are based on unsupported generalizations");
Rodriguez v. United States, 473 F.2d 1042, 1043 (5th Cir. 1973) (no hearing required
where petitioner alleged no facts to establish truth of his claims beyond bare
conclusory allegations).