Opinion
2:05-CR-165 JCM (GWF).
September 13, 2010
ORDER
Presently before the court is defendant's motion for production of documents and request for leave to file a 2255 motion. (Doc. #98). The government responded (doc. #99), but the defendant has not replied.
I. Production of Documents
II. Relief under 28 U.S.C. § 2255
28, United States Code, § 2255See28 U.S.C. § 2255Griffith v. Kentucky479 U.S. 314321
Here, defendant Leyva's judgment became final on March 11, 2009, ninety (90) days after the Ninth Circuit Court of Appeals' mandate dismissed his appeal. (Doc. #93, 93). This motion was filed on July 20, 2010, more than one year after the date of final judgment. As defendant has not complied with the one-year statute of limitations, the court declines to provide defendant with leave to file a § 2255 motion.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that petitioner's motion for production of documents and request for leave to file a 2255 motion (doc. #98) is DENIED.
DATED September 13, 2010.