Maxie v. USA

Filing 7

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movant's motion for evidentiary hearing [ECF No. #6 ] is DENIED without prejudice. IT IS FURTHER ORDERED that movant's motion to allow time for the Bureau of Prisons to copy discovery discs [ECF No. #4 ] is DENIED without prejudice. IT IS FURTHER ORDERED that movant's motion for a thirty-day (30) extension of time to file a memorandum in support of his motion to vacate [ECF No. #3 ] is GRANTED. Movant's memorandum is due to the Court no later than thirty (30) days from the date of this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 11/18/2021. (AFO)

Case: 4:21-cv-01354-AGF Doc. #: 7 Filed: 11/18/21 Page: 1 of 2 PageID #: 28

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DARRYL LAMONT MAXIE,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 4:21-CV-1354 AGF

MEMORANDUM AND ORDER
This matter is before the Court on movant’s motion for evidentiary hearing and for leave
to conduct discovery.1 Also before the Court is movant’s request for a thirty-day (30) extension to
file a memorandum on behalf of his motion to vacate. Movant’s request for an evidentiary hearing
and to file discovery is premature and will be denied. Movant’s request for a thirty-day (30)
extension of time to file his memorandum on behalf of his motion to vacate will be granted.
The Court must first make an initial inquiry into whether movant’s motion to vacate
brought pursuant to 28 U.S.C. § 2255 can be resolved without holding an evidentiary hearing and
allowing discovery. The Court must hold an evidentiary hearing to consider claims in a § 2255
motion “‘[u]nless the motion and the files and records of the case conclusively show that the
prisoner is entitled to no relief.’” Shaw v. United States, 24 F.3d 1040, 1043 (8th Cir. 1994)
(alteration in original) (quoting 28 U.S.C. § 2255). Thus, a movant is entitled to an evidentiary
hearing “‘when the facts alleged, if true, would entitle [the movant] to relief.’” Payne v. United
States, 78 F.3d 343, 347 (8th Cir. 1996) (quoting Wade v. Armontrout, 798 F.2d 304, 306 (8th Cir.
1986)).

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Movant’s discovery motion is titled, “Motion to Allow for Time for the Bureau of Prisons to Copy Discovery Discs.”

Case: 4:21-cv-01354-AGF Doc. #: 7 Filed: 11/18/21 Page: 2 of 2 PageID #: 29

The Court may dismiss a claim “without an evidentiary hearing if the claim is inadequate
on its face or if the record affirmatively refutes the factual assertions upon which it is based.”
Shaw, 24 F.3d at 1043 (citing Larson v. United States, 905 F.2d 218, 220–21 (8th Cir. 1990)). The
Court has not yet had the opportunity to assess whether the facts alleged by movant, if true, would
entitle him to relief. Thus, the Court will deny movant’s motion for evidentiary hearing and leave
to file discovery at this time. After receiving respondent’s brief, which is due no later than fortyfive (45) days from the date of this Memorandum and Order, the Court will be able to determine
whether an evidentiary hearing and discovery is necessary.
Last, movant seeks an additional thirty days (30) to file a memorandum on behalf of his
motion to vacate, stating that the copy machine time is limited at USP Marion due to Covid-19
restrictions. The Court will grant movant’s motion.
Accordingly,
IT IS HEREBY ORDERED that movant’s motion for evidentiary hearing [ECF No. 6]
is DENIED without prejudice.
IT IS FURTHER ORDERED that movant’s motion to allow time for the Bureau of
Prisons to copy discovery discs [ECF No. 4] is DENIED without prejudice.
IT IS FURTHER ORDERED that movant’s motion for a thirty-day (30) extension of
time to file a memorandum in support of his motion to vacate [ECF No. 3] is GRANTED.
Movant’s memorandum is due to the Court no later than thirty (30) days from the date of this
Memorandum and Order.
Dated this 18th day of November 2021.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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