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Watkins v. Driver

United States District Court, N.D. West Virginia
Oct 16, 2007
Civil Action No. 2:06cv42 (N.D.W. Va. Oct. 16, 2007)

Summary

holding that Mikalajunas "squarely rejects any chance of petitioner obtaining relief" for a claim of actual innocence related to a time-barred motion to vacate the petitioner's sentence under § 2255

Summary of this case from Millon v. U.S.

Opinion

Civil Action No. 2:06cv42.

October 16, 2007


ORDER GRANTING PETITIONER'S REQUEST FOR COPIES


On September 20, 2007, the instant § 2241 habeas petition was dismissed with prejudice. Petitioner filed an appeal on October 1, 2007.

On October 15, 2007, the Court received a letter from the plaintiff in which he states that he has not received confirmation that his notice of appeal was received by the court. Therefore, the petitioner seeks such confirmation or, to the extent that the court may not have received his notice of appeal, requests that his letter be construed as such and docketed accordingly. In addition, the petitioner requests copies of certain documents in order to perfect his appeal. Specifically, the petitioner asserts that he is missing the following parts of the record:

(1) his initial petition for relief (dckt. 1);
(2) respondent's initial motion for dismissal (dckt. 12);
(3) his traverse motion of rebuttal (dckt. 13);
(4) respondent's supplemental response (dckt. 29);
(5) his traverse motion of rebuttal to the respondent's supplemental response (dckt. 32); and
(6) the court's order of dismissal (dckt. 36).

The petitioner further asserts that he is indigent and requests the documents at no charge.

Upon due consideration, the petitioner's request for copies (dckt. 40) is GRANTED. The Clerk is directed to make copies of the above-mentioned documents and forward those copies to the petitioner. In addition, as noted above, the petitioner's appeal was received by the Court on October 1, 2007, and transmitted to the Fourth Circuit Court of Appeals on October 2, 2007. The Clerk shall send the petitioner a copy of the docket sheet to confirm same.

IT IS SO ORDERED.

The Clerk is directed to send a copy of this Order to the pro se petitioner.


Summaries of

Watkins v. Driver

United States District Court, N.D. West Virginia
Oct 16, 2007
Civil Action No. 2:06cv42 (N.D.W. Va. Oct. 16, 2007)

holding that Mikalajunas "squarely rejects any chance of petitioner obtaining relief" for a claim of actual innocence related to a time-barred motion to vacate the petitioner's sentence under § 2255

Summary of this case from Millon v. U.S.
Case details for

Watkins v. Driver

Case Details

Full title:CHRISTOPHER M. WATKINS, Petitioner, v. JOE DRIVER, Warden, Respondent

Court:United States District Court, N.D. West Virginia

Date published: Oct 16, 2007

Citations

Civil Action No. 2:06cv42 (N.D.W. Va. Oct. 16, 2007)

Citing Cases

Watkins v. Driver

Accordingly, we deny Watkins's motions to expedite and for bail pending appeal, and we affirm for the reasons…

Millon v. U.S.

Mikalajunas, 186 F.3d at 495. See also Watkins v. Driver, No. 2:06cv42, 2007 WL 5131715, at *12 (N.D.W.Va.…