Opinion
3:22-CV-1937
05-01-2023
ORDER
Robert D. Mariani, United States District Judge
AND NOW, THIS 1st DAY OF MAY, 2023, upon review of Magistrate Judge Martin Carlson's Report & Recommendation (“R&R”) (Doc. 14) for clear error or manifest injustice IT IS HEREBY ORDERED THAT:
The present R&R was filed on February 21,2023 (see Doc. 14). On March 8,2023, Plaintiff filed a “Pro Se Application Motion to Extend Time to get all the Evidence....” (Doc. 15). Plaintiffs motion sets forth a number of documents and other evidence all relating to the propriety of his trial proceedings, including trial transcripts, letters, photographs, videos, and audio tapes, that he asserts his public defender Kent Watkins has refused to provide to him. Plaintiff requests that the Court order Mr. Watkins to provide him with this evidence. Plaintiff also argues therein that both his attorney and the state court judge made certain errors during pre-trial and trial proceedings. Even if the Court were to liberally construe Plaintiffs pro se motion as attempting to set forth Objections to the R&R and therefore apply a de novo standard, upon review of the R&R and all documents of record, Plaintiffs Objections are without merit and the Court agrees with Judge Carlson's sound analysis.
1. The R&R (Doc. 14) is ADOPTED for the reasons stated therein.
2. Plaintiffs “Pro Se Application Motion to Extend Time to get all the Evidence” (Doc. 15) is DENIED.
3. Plaintiffs action is DISMISSED.
4. The Clerk of Court is directed to CLOSE this action.