Mamou v. Stephens

Filing 29

ORDER entered DENYING the motion for reconsideration (Docket Entry No. 22).(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
CHARLES MAMOU, JR.,
Petitioner,
VS.
WILLIAM STEPHENS,
Director, Texas Department of
Criminal Justice, Correctional
Institutions Division,
Respondent.

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CIVIL NO. H-14-403

ORDER
Charles Mamou, Jr., a Texas death-row inmate, seeks federal habeas corpus relief. Mamou
filed an Application for Authorization of Fund for Expert and Investigative Assistance asking for
$29,020 to retain the services of an investigator, a ballistics and firearms expert, a mitigation
investigator, a future-dangerousness expert, and a legal expert. On August 28, 2014, the court found
that Mamou had not shown a substantial need for the requested funds. (Docket Entry No. 21).
Federal law authorizes funds for investigative or expert services only if they “are reasonably
necessary for the representation of the defendant[.]” 18 U.S.C.A. § 3599(f). This court denied
Mamou’s funding request because: (1) he provided speculative or cursory statements about the
reason for any proposed investigation; (2) he proposed investigating some procedurally deficient
claim; and (3) he wanted to expand the record beyond the limits of federal habeas practice.
Mamou has moved for reconsideration of the denial of funding. (Docket Entry No. 22).
Mamou disputes this court’s recitation of facts and provides some greater detail about the claims he
intends to raise. His motion for reconsideration, however, still suffers from the same procedural and

substantive defects that this court discussed extensively in denying his original funding request. The
motion for reconsideration is therefore denied.

SIGNED on January 9, 2015, at Houston, Texas.
______________________________________
Lee H. Rosenthal
United States District Judge

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