Free Order on Motion For Issuance of Subpoenas - District Court of Colorado - Colorado

Case 1:01-cr-00214-WYD

Document 3518

Filed 12/20/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Criminal Action No. 01-cr-00214-WYD UNITED STATES OF AMERICA, Plaintiff, v. 7. ZEBEDEE HALL, et al., Defendants.

ORDER

Defendant Zebedee Hall has filed pro se on December 6, 2007, a document titled "Motion for Subpoena Duces Tecum." Mr. Hall apparently seeks to conduct discovery in anticipation of filing a motion to vacate his conviction and sentence pursuant to 28 U.S.C. § 2255 on the grounds of ineffective assistance of counsel. Discovery in connection with a § 2255 motion is governed by Rule 6 of the Rules Governing Section 2255 Proceedings for the United States District Courts and may be authorized for good cause. Mr. Hall's motion seeking discovery will be denied because he fails to demonstrate any good cause. It is not clear that discovery will be necessary in connection with the § 2255 motion Mr. Hall intends to file and, until he actually files the motion, any request for discovery is premature. Accordingly, it is

Case 1:01-cr-00214-WYD

Document 3518

Filed 12/20/2007

Page 2 of 2

ORDERED that the "Motion for Subpoena Duces Tecum" filed on December 6, 2007, is denied. DATED at Denver, Colorado, this 20th day of December, 2007. BY THE COURT:

s/ Wiley Y. Daniel WILEY Y. DANIEL United States District Judge

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