Opinion
8:19-CR-23
04-10-2024
UNITED STATES OF AMERICA, Plaintiff, v. THOMAS NEWLAND, Defendant.
ORDER
JOHN M. GERRARD SENIOR UNITED STATES DISTRICT JUDGE
The defendant has filed a motion to appoint counsel (filing 51) alleging that he needs rehabilitation and is not being provided with it at USP Leavenworth. Those issues seem to relate to prison conditions. As such, the proper venue to raise them is the district in which the defendant is confined. SeeDeSimone v. Lacy, 805 F.2d 321, 323 (8th Cir. 1986). Accordingly, the Court will deny the defendant's motion without prejudice to reassertion in the U.S. District Court for the District of Kansas.
To the extent the defendant may be seeking to pursue a motion for compassionate release, the Court finds no basis to appoint counsel at this point, for the reasons stated in filing 49.
Robert J. Dole Courthouse, 500 State Ave, Kansas City, KS 66101.
IT IS ORDERED:
1. The defendant's motion to appoint counsel (filing 51) is denied. 2. The Clerk of the Court is directed to provide the defendant a copy of this order along with a copy of form Pro Se 14 and form AO 240.