Opinion
Case No. 09-20019, 10-2601.
May 17, 2011
MEMORANDUM AND ORDER
Defendant Benito M. Dominguez has filed a motion (doc. 85) requesting various parts of the record so that he can prepare a brief to file with the Court of Appeals in response to an Anders brief filed by his attorney. This request is denied. Mr. Dominguez has no appeal pending in the Court of Appeals for which his attorney might have filed an Anders brief. Indeed, one of the arguments Mr. Dominguez raised — and this court rejected — in his § 2255 petition was that his attorney was ineffective for not filing an appeal. (Doc. 84.) He is thus not entitled to the documents he seeks.
IT IS THEREFORE ORDERED BY THE COURT that defendant's motion (doc. 85) is denied. IT IS SO ORDERED this 17th day of May, 2011.