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United States v. Marshall

March 10, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LA'RON MARSHALL, DEFENDANT.



The opinion of the court was delivered by: Honorable Paul L. Maloney

ORDER DENYING WITHOUT PREJUDICE DEFENDANT'S MOTION FOR PROTECTION OF HIS MAIL

Defendant Marshall, in his criminal case, a motion (Dkt. No. 168) entitled "Motion for Court Order Protection of Defendant Mail." In the motion, Defendant requests an order that his mail be docketed and recorded so that it is not destroyed or held too long. Defendant asserts the staff at the institution where he is held has a history of interfering with prisoner mail, and with his mail in particular.

Defendant is not entitled to the relief he seeks. The motion appears unrelated to the criminal action against Defendant. Defendant was convicted and sentenced in 2002. The Sixth Circuit affirmed the conviction in 2003. Defendant filed a section 2255 motion, which was denied in 2004. Leave to file a second section 2255 motion was denied by the appellate court in 2006. Leave to file a third section 2255 motion was denied by the appellate court in 2008. The case is closed and there are no pending issues. Furthermore, Defendant has not identified any authority under which he is entitled to the requested relief. See W.D. LCivR 7.1(a); W.D. LCrimR 12.1.

Accordingly, Defendant's motion (Dkt. No. 168) for protection of his mail is DENIED WITHOUT PREJUDICE.

IT IS SO ORDERED.

Paul L. Maloney Chief, United States District Judge

20100310

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