GAULDEN v. USA

Filing 11

ENTRY AND NOTICE - The Motion for Attorney Representaion [Dkt. 9] is DENIED. The reasons for this ruling are that the action is closed, no substantive post-judgment motion is pending, no claim was left unresolved when final judgment was docketed, and the motion fails to identify any proceeding in which the defendant would require representation. Copy to Petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 7/5/2016. (JLS) Modified on 7/5/2016 (JLS).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
LYNDA GAULDEN, ,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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No. 1:14-cv-01497-TWP-TAB

ENTRY AND NOTICE
This is an action for relief pursuant to 28 U.S.C. § 2255 brought by the petitioner on
September 12, 2014 challenged her conviction in No. 1:12-cr-00212-TWP-TAB-03. The § 2255
action was dismissed on December 9, 2015 based on the Court’s determination that a waiver
provision in the petitioner’s plea agreement was enforceable and precluded her from challenging
her conviction. [Dkt. 7]. Final judgment was entered on that same date. [Dkt. 8].
Following the denial of relief, no appeal was filed and there was no filing until June 20,
2016, on which date the petitioner filed a motion for attorney representation.
The Motion for Attorney Representaion [Dkt. 9] is DENIED. The reasons for this ruling
are that the action is closed, no substantive post-judgment motion is pending, no claim was left
unresolved when final judgment was docketed, and the motion fails to identify any proceeding in
which the defendant would require representation. These are thus circumstances in which it is not
in the interests of justice that counsel be appointed to represent the petitioner. See 18 U.S.C. §
3006A(a)(2)(B) (“Whenever . . . the court determines that the interests of justice so require,
representation may be provided for any financially eligible person who . . . is seeking relief under
section 2241, 2254, or 2255 of title 28.”).

IT IS SO ORDERED.
Date: 7/5/2016

Distribution:
Electronically Registered Counsel
LYNDA GAULDEN
11110-028
ALDERSON FEDERAL PRISON CAMP
Inmate Mail/Parcels
GLEN RAY RD. BOX A
ALDERSON, WV 24910