HARRIS v. UNITED STATES OF AMERICA

Filing 40

ENTRY CONCERNING SELECTED MATTERS. Harris' implied renewed request for certificate of appealability is denied. Harris' pending motions dkts. 28, 29, 30, and 32 are DENIED. Harris' pending motions dkts. 33 and 34 are of NO EFFECT. See Entry. Signed by Judge David Frank Hamilton on 12/2/2008. c/m. (LBK)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA

CHRISTOPHER HARRIS, Movant, vs. UNITED STATES OF AMERICA,

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1:08-cv-1315-DFH-TAB

Entry Concerning Selected Matters Christopher Harris ("Harris"), who is serving the executed portion of the sentence imposed in No. IP 98-CR-121-03-H/F, recently filed an action docketed as No. 1:08-cv1315-DFH-TAB. That action was necessarily treated as a second or successive filing and, because no authorization for such a filing was presented, the action was dismissed for lack of jurisdiction in a Judgment entered on the clerk's docket on October 17, 2008. Harris' notice of appeal followed on October 28, 2008, and the court declined to issue a certificate of appealability in its Entry of November 17, 2008. An additional notice of appeal was filed on November 6, 2008, and has been processed as such. As a result of this second notice of appeal and the other matters filed by Harris in recent days, the court makes the following rulings: 1. Harris' implied renewed request for a certificate of appealability is denied for the same reasons as explained in the Entry of November 17, 2008. 2. Harris' Motion and Order to Enter Satisfaction of Judgment (dkt 28) and his Motion and Order for Declaratory Judgment and Reservation of Inalienable Rights (dkt 29) are captioned for filing in and for consideration by the Court of Appeals and are thus denied insofar as they could be understood as seeking relief in this court. 3. Harris' motion to stay proceedings to enforce a judgment (dkt 30) is denied, because this court has acted on the underlying matters to which this motion refers. 4. Harris' motion to stay sentence to pay fine (dkt 32) is denied because the imposition of or relief from a fine had nothing to do with the motion for relief pursuant to 28 U.S.C. § 2255.

5. Harris' personal recognizance bond without surety (dkt 33) is of no effect because the court has not admitted Harris to bail and this would not be an appropriate case for such action. Morgan v. Calderone, 2008 WL 4858387 (S.D.Ind. Nov. 10, 2008). 6. Harris' request for admission and discovery (dkt 34) is also of no effect, because discovery (supplying Harris with proof of "claims" consisting of various propositions based on the preposterous notion that Harris' prosecution and conviction created a creditor-debtor relationship between himself and the United States) is not warranted here. So ordered.

DAVID F. HAMILTON, Chief Judge United States District Court Date: 12/2/2008

Distribution: Office of the United States Attorney 10 West Market Street Suite 2100 Indianapolis, IN 46204-3048 Christopher Harris Reg. No. 05927-028 U.S.P. P.O. Box 7000 Florence, CO 81226