Wunderli v. United States of America
Filing
20
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion For Request Documents [sic] and Additional Time and Legal Counsel 19 is GRANTED in part. The Clerk of Court is DIRECTED to send Petitioner a copy of the documents he has reques ted from the criminal case, 4:11CR538JAR. IT IS FURTHER ORDERED that Petitioner is granted leave to file a supplement to hissection 2255 petition within sixty (60) days from the date of this order.IT IS FINALLY ORDERED that Petitioner's request for appointment of counsel isDENIED without prejudice. ( Response to Court due by 10/30/2015.) Signed by District Judge John A. Ross on 8/31/15. (Note: Clerk's Office has provided Petitioner copies requested. Placed in US Mail this date.)(ARL)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MARK WUNDERLI,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.
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No. 4:14-CV-1765 JAR
MEMORANDUM AND ORDER
This matter is before the Court on Petitioner's Motion For Request Documents [sic] and
Additional Time and Legal Counsel. (Doc. No. 19) In addition to the docket sheet for Case No.
4:11CR538JAR, Petitioner requests the following documents from his criminal file:
1. Documents 22-25, Pretrial Motions
2. Documents 27, 30, Evidentiary Hearing, February 16, 2012
3. Document 38, Order for Denial, March 27, 2012
4. Unknown Document No., Mr. Lynch's objection, April 13, 2012
5. Documents 41, 43, Court Adoption of Doc. No. 38, April 25, 2012
6. Document 93, Lynch's sentencing memorandum
7. Document 103, Judgment
8. Document 77
9. Document 106, Notice of Appeal, February 38, 2014
10. Document 120, Plea Transcript
11. Document 111, Sentencing Hearing Transcript
12. Document 80, part of plea agreement
The Court will direct the Clerk of Court to provide Petitioner with copies of the requested
documents to the extent they are available. Petitioner also requests an extension of time to file a
supplement to his section 2255 petition. The Court previously granted Petitioner a twenty (20)
day extension to file a supplement to his petition. (Doc. No. 18) Upon consideration the Court
will grant Petitioner an additional sixty (60) days from the date of this order to complete his
filing.
Finally, Petitioner renews his request for appointment of counsel. Petitioner first
requested appointment of counsel on October 17, 2014. (Doc. No. 3) Plaintiff's request was
considered in light of relevant factors, see Redfield Lithograph Printing, 728 F.2d 1003, 1004
(8th Cir. 1984) and Johnson v. Williams, 788 F.2d 1319, 1322-23 (8th Cir. 1986), and denied on
October 28, 2014. (Doc. No. 6) The Court finds nothing in the record to cause it to reconsider its
previous order denying Petitioner's motion for appointment of counsel. The claims and
underlying facts of this case are relatively straight forward and do not involve any complex legal
issues. Moreover, based on Petitioner's presentation of the issues in his petition, he seems quite
capable of litigating this action on his own. Therefore, his motion for appointment of counsel
will be denied.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff's Motion For Request Documents [sic] and
Additional Time and Legal Counsel [19] is GRANTED in part. The Clerk of Court is
DIRECTED to send Petitioner a copy of the documents he has requested from the criminal case,
4:11CR538JAR.
IT IS FURTHER ORDERED that Petitioner is granted leave to file a supplement to his
section 2255 petition within sixty (60) days from the date of this order.
IT IS FINALLY ORDERED that Petitioner's request for appointment of counsel is
DENIED without prejudice.
Dated this 31st day of August, 2015.
J HN A.ROSS
NITED STATES DISTRICT JUDGE
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