Defreitas v. United States Of America

Filing 11

ORDER denying 10 Motion to Compel. Signed by Magistrate Judge G. R. Smith on 2/17/17. (jlm)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION WESLEY ELDER DeFREITAS, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CV416-229 CR415-098 ORDER Movant Wesley DeFreitas seek a copy of “the search warrant executed on May 19th 2014” at his business, Warriors Gear, for use in his 28 U.S.C. § 2255 motion. Doc. 10. Though he explains that the document was mentioned by a witness at his Fed. R. Cr. P. 11 plea hearing, he does not specify why he needs the document. After a § 2255 motion or habeas petition is filed, a petitioner is generally “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); see also Rules 1(b) and 6(a) of the Rules Governing § 2254 Cases; Rule 6(a) of the Rules Governing Section 2255 Proceedings ; United States v. Hollis , 2010 WL 892196 (D. Ak. Mar. 10, 2010) (denying document unsealing without a relevancy showing because such production would just be a "fishing expedition for the sake of turning up new potential 2255 claims). DeFreitas has not made any need-based showing for this document beyond his vague, conclusory belief that it may be of some use to him. See doc. 10. His request is therefore denied. See Hands v. United States , 2016 WL 4995074 at *3 (E.D.N.C. Sept. 19, 2016). Accordingly, Wesley DeFreitas’ motion for a copy of the search warrant executed at Warriors Gear is DENIED . Doc. 10. SO ORDERED, this 17th day of February, 2017. LTNI= STATES MAGISTRATE JUDGE SOUTFtERI'1 DISTRICT OF GEORGIA 2

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