Fuller v. USA

Filing 15

ORDER DENYING 14 Motion to Supplement filed by Montez L. Fuller. Signed by Chief Judge David R. Herndon on 6/8/11. (kls2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MONTEZ L. FULLER,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

)
)
)
)
)
)
)
)
)

No. 10-cv-267-DRH

ORDER
HERNDON, Chief Judge:
Now before this Court is petitioner’s motion to supplement his 28 U.S.C. §
2255 motion with additional authority (Doc. 14).

Local Rule 7.1(c) for the

Southern District of Illinois states “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.” (emphasis added).

Here, the supplemental authority

petitioner provides is case law decided years prior to the filing of his § 2255
motion. As such, petitioner’s motion to supplement is DENIED.
IT IS SO ORDERED.
Signed this 8th day of June, 2011.
Digitally signed by David R.
Herndon
Date: 2011.06.08 13:47:59
-05'00'

Chief Judge
United States District Court

Page 1 of 1