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)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION OLAUDAH McKENZIE, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) 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 2

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