McKenzie v. United States of America

Filing 15

ORDER denying 12 Motion for copies. Signed by Magistrate Judge G. R. Smith on 1/27/17. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
OLAUDAH McKENZIE,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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CV616-086
CR615-001

ORDER
Movant Olaudah McKenzie seeks copies of two dozen motions,
orders, and minute orders to “effectively work” on his 28 U.S.C. § 2255
motion. Doc. 355. He does not specify why he needs any individual
document, much less the lot of them. The Government opposes his
request. Doc. 358.
Even after a § 2255 motion or habeas petition is filed, a petitioner is
generally “not entitled to discovery as a matter of ordinary course” but
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).
Here, McKenzie has not made any need-based showing for these
documents beyond his vague, conclusory belief that they may be of some
use to him. See doc. 355. His request is therefore denied. See Hands v.

United States, 2016 WL 4995074 at *3 (E.D.N.C. Sept. 19, 2016).
Pursuant to 28 U.S.C. § 1914(b), McKenzie may request and pay for copies
of court records. The cost for reproducing any record or paper is $.50 per
page, such fee to be tendered to the Clerk with any request for copies of
court files directed to the Clerk of Court. Judicial Conference Schedule of
Fees at ¶ 4 (effective Dec. 1, 2016).
Accordingly, McKenzie’s motion for copies of court documents is

DENIED .
SO ORDERED, this 27th day of January, 2017.

UNITED STATES MAGISTRATE ILIDGE
SOUTHERN DISTRICT OF GEORGIA

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