Opinion
Case No. 02-40060-JAR
February 3, 2003
MEMORANDUM AND ORDER DENYING MOTION TO REQUEST TIME SERVED
This case comes before the court upon Defendant/Petitioner's pro se Motion to Request Time Served (Doc. 31). The Court has thoroughly reviewed the petitioner's pleadings and the record he submitted in support of this motion. For the following reasons, the Court concludes that the petitioner is not entitled to relief and the Court therefore denies the motion and dismisses this action.
I. PROCEDURAL HISTORY
On November 14, 2002, a Judgment and Conviction order was entered sentencing petitioner to 84 months of imprisonment. Petitioner has never filed an appeal of his conviction or sentence, or any notice of his intent to do the same.
II. ANALYSIS
Petitioner states no legal grounds for why his sentenced should be reduced or corrected. Petitioner has not directly appealed his conviction nor has he filed an action under 28 U.S.C. § 2255. These are the two instruments available to a prisoner for challenging his sentence. While pro se pleadings should be construed liberally, it would be an injustice for this court to construe this petitioner's pleading as seeking relief under § 2255 as it would bar any and all legitimate claims petitioner may have. Accordingly, petitioner's request for relief is denied.
See United States v. Kelly, 235 F.3d 1238 (10th Cir. 2000)
IT IS THEREFORE ORDERED that petitioner's motion be denied.