Fuller v. USA

Filing 13

ORDER denying 12 Motion for Leave to File. Signed by Chief Judge David R. Herndon on 5/10/11. (kls2, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

MONTEZ LAMAR FULLER,
Petitioner/Defendant,
v.
UNITED STATES OF AMERICA,
Respondent/Plaintiff.

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Civil No. 10-267-DRH

ORDER
Before the Court is petitioner Montez Lamar Fuller’s Motion to Respond to the
Governments [sic] Response to Petitioners [sic] 2255 Petition (Doc. 12). For the
reasons set forth below, the motion is DENIED.
Petitioner requests this Court issue a date by which petitioner shall reply to the
government’s response. Although petitioner is pro se, court rules apply to him.
Ordinarily this Court does not advise parties of the applicable rules; it is expected
that all parties check the rules for themselves, and petitioner is responsible for
checking the library in his institution for the rules. Nevertheless, the Court directs
petitioner’s attention to Local Rule 7.1(c), which states in part:
Reply briefs, if any, shall be filed within 14 days of the service of a
response. Reply briefs are not favored and should be filed only in
exceptional circumstances. The party filing the reply brief shall state
the exceptional circumstances. Under no circumstances will sur-reply
briefs be accepted. If a party believes it is necessary to supplement its
brief with new authority due to a change in the law or facts that
occurred after the filing of its brief, the party must seek leave of court
to file a supplemental brief. The supplemental authority shall be filed in
accordance with the supplemental authority provisions found in Federal

Rule of Appellate Procedure 28(j).
(emphasis in original).
It is further noted that whatever materials or information petitioner has is what
he has to respond to the government’s Response to Petitioner’s Section 2255 Motion.

IT IS SO ORDERED.
Signed this 10th day of May, 2011.
Digitally signed by
David R. Herndon
Date: 2011.05.10
09:28:27 -05'00'

Chief Judge
United States District Court

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