Opinion
2:18-cr-69-SPC-MRM
09-21-2021
UNITED STATES OF AMERICA v. EDDIE JUNIOR SAEZ
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SHERI POLSTER CHAPPEW, UNITED STATES DISTRICT JUDGE.
Before the Court is Defendant Eddie Junior Saez's pro se Motion Request for Production of Copies of “All” Discovery Material and Documents in this Matter. (Doc. 154). Defendant seeks the Court to give him-free of charge- “the necessary legal material and discovery documents” so he “can move forward in preparation of filing his 28 U.S.C. § 2241 petition.” He has asked his former attorney for the documents to no avail.
Last year, the Eleventh Circuit issued its Mandate affirming Defendant's conviction and sentence. (Doc. 149). Since then, Defendant has not moved for habeas relief under 28 U.S.C. § 2241. Yet he seems interested in doing so. Defendant may not have the requested copies, however, with no such matter pending in this Court. See Harless v. United States, 329 F.2d 397 (11th Cir. 1964) (“A federal prisoner is not entitled to obtain copies of court records at Government expense for the purpose of searching the record for possible error.”). Should Defendant file a proper § 2241 motion, he may renew his request for copies. See United States v. Ciszkowski, No. 8:05-CR-36-T-23TBM, 2008 WL 2742697, at *1 (M.D. Fla. July 11, 2008).
Defendant has filed a motion to vacate under 28 U.S.C. § 2255. (Doc. 150; Doc. 152). To the extent that Defendant is requesting copies for that matter, he must file an appropriate motion in that case, which is styled as Saez v. United States, No. 2:21-cv-531-SPC-NPM (M.D. Fla.).
Accordingly, it is now
ORDERED:
Defendant Eddie Junior Saez's pro se Motion Request for Production of Copies of “All” Discovery Material and Documents in this Matter (Doc. 154) is DENIED.
DONE AND ORDERED.