Opinion
Criminal Case No. 03-cr-00415-REB-01 Civil Action No. 09-cv-02374-REB
05-03-2013
UNITED STATES OF AMERICA, Plaintiff, v. 1. WENDEL ROBERT WARDELL, JR., Defendant-Movant.
Judge Robert E. Blackburn
ORDER SUPPLEMENTING RECORD
Blackburn, J.
This matter is before the court sua sponte. When resolving the defendant's motion under 28 U.S.C. § 2255, the court noted that the defendant's supplemental designation [#466] filed October 15, 2004, is not included in the record in this case. Order Denying Defendant's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 [#962], p. 33 n. 16.
"[#466" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
Dennis Hartley, Esq., who was counsel for Mr. Wardell when the supplemental designation [#466] was filed, provided the court with a copy of the October 15, 2004, supplemental designation. The record in this case should include a copy of the document provided to the court by Mr. Hartley. Originally, the Supplemental Designation of Criminal Justice Act Motions [#466] filed October 15, 2004, was filed under seal because it addressed the status of some motions filed under the Criminal Justice Act. In an abundance of caution, I direct that the copy of the Supplemental Designation of Criminal Justice Act Motions [#466] filed October 15, 2004, be filed under restriction level one.
THEREFORE, IT IS ORDERED as follows:
1. That the record in this case is SUPPLEMENTED to include the document provided to the court by Mr. Hartley as a copy of the Supplemental Designation of Criminal Justice Act Motions [#466] originally filed October 15, 2004;
2. That the copy of the Supplemental Designation of Criminal Justice Act Motions [#466] originally filed October 15, 2004, SHALL BE FILED using the docket number immediately subsequent to the docket number under which this order is docketed;
3. That under D.C.COLO.LCivR 7.2B.5., the copy of the copy of the Supplemental Designation of Criminal Justice Act Motions SHALL BE FILED under restriction level one; and
4. That this order SHALL NOT be filed under restriction.
Dated May 3 2013, at Denver, Colorado.
BY THE COURT:
____________________
Robert E. Blackburn
United States District Judge