Martin v. U.S.

Full title: Traci L. Martin, Petitioner, v. United States of America, Respondent

Court: United States District Court, D. South Carolina, Greenville Division

Date published: Jan 26, 2010

No.: 6:08-cr-00022-GRA-1 (D.S.C. Jan. 26, 2010)

Opinion

No.: 6:08-cr-00022-GRA-1.

January 26, 2010

ORDER (Written Opinion)

ROSS ANDERSON JR., District Judge

This matter comes before the Court on Petitioner's Motion to Amend or Correct this Court's Order filed November 20, 2009, which denied Petitioner's request to amend its judgment to show that Petitioner is not required to make restitution payments until her release from prison.

Petitioner brings this motion pro se. This Court is required to construe pro se pleadings liberally. Such pleadings are held to a less stringent standard than those drafted by attorneys. Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir.), cert. denied, 439 U.S. 970 (1978). This Court is charged with liberally construing a pleading filed by a pro se litigant to allow for the development of a potentially meritorious claim. Cruz v. Beto, 405 U.S. 319 (1972).

After a review of the record, this Court finds that its prior decision was and is correct as a matter of law. The restitution imposed upon Petitioner was proper under the facts of the case. Consequently, this Court must deny Petitioner's Motion.

IT IS THEREFORE ORDERED that Petitioner's Motion to Amend is DENIED.

IT IS SO ORDERED.

NOTICE OF RIGHT TO APPEAL

Pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure, Petitioner has the right to appeal this Order within fourteen (14) days from the date of its entry. Failure to meet this deadline, as modified by Rule 4 of the Federal Rules of Appellate Procedure, will waive the right to appeal.