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)

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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

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