James v. United States of America

Filing 14

ORDER ON PENDING MOTIONS denying petitioner's motions at 6 7 8 ; granting petitioner's motions at 9 12 13 ; petitioner may file an amended 2255 petition by 2/15/13 by Judge Ricardo S Martinez.(RS)cc James

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MALEEK JAMES,

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Petitioner,

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v.

CASE NO. C12-1917RSM
ORDER ON PENDING MOTIONS

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UNITED STATES OF AMERICA,
Respondent.

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The Court, having reviewed the record and petitioner’s pending motions, does now find and
ORDER:

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(1) Motions Regarding Trial Transcripts and Audio Recording

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Petitioner has filed several motions requesting copies of the complete trial transcript, including

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voir dire and closing arguments. He also requests a copy of the “audio recording” of the trial. Dkt. ##

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6, 7, 8. A review of the government’s second status report regarding transcripts, filed in the criminal

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case (CR 09-427RSM, Dkt. # 402) demonstrates that petitioner has now been provided with copies of

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voir dire and closing arguments. He was previously provided copies of the trial transcripts. He has thus

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received all transcripts to which he is entitled. The transcripts are the official court record, and there is

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no “audio recording.” The motions (Dkt. ## 6, 7, 8) are accordingly DENIED as moot.

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(2) Motions to Withdraw and Revise the § 2255 Motion
ORDER - 1

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Petitioner has filed numerous motions and unnoted requests asking for leave to revise and/or add

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to his motion to correct sentence pursuant to 28 U.S.C. § 2255. Dkt. ## 5, 9, 10, 11, 12, 13. These

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motions are GRANTED. Petitioner may file an amended § 2255 petition presenting all issues which he

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seeks to have considered by the Court. Such amended petition, which shall completely supercede the

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original filed at Dkt. # 3, shall be filed on or before February 15, 2013. Further amendment by

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additional filings shall not be allowed. This leave to amend does not in any way constitute a finding

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that the issues petitioner seeks to present are claims which are cognizable in a § 2255 petition.

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DATED: January 15, 2013.

A

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER - 2