United States v. Morgan Jr.

2:18-cr-00132 | W.D. Wash. | Jul 20, 2020

Case 2:18-cr-00132-RAJ Document 822 Filed 07/20/20 Page 1 of 1

1 The Honorable Richard A. Jones UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE UNITED STATES OF AMERICA, NO. CR18-0132 RAJ Plaintiff v. ORDER DENYING DEFENDANT’S MOTION FOR EXTENSION OF TIME RAILEN JANAI WHEELER, TO FILE § 2255 MOTION Defendant. This matter comes before the Court on Defendant Railen Janai Wheeler’s Motion for Extension of Time to File a Motion to Vacate, Set Aside, or Correct a Sentence Pursuant to 18 U.S.C. § 2255. Dkt. 816. Having considered the motion, the government’s response, and the files and pleadings herein, the Court finds as follows:

The Court agrees with the government’s analysis that this Court lacks jurisdiction to consider defendant’s motion. Until an actual petition is filed, there is no “case or controversy” that allows the Court to consider a motion to extend a deadline. Should defendant file a petition under § 2255, the Court can then consider whether (1) the petition is untimely, and (2) if not, whether grounds exist to allow the extraordinary remedy of equitable tolling to excuse the untimely filing.

For the reasons set forth above, the Court hereby DENIES defendant’s motion. DATED this 20th day of July, 2020.

A The Honorable Richard A. Jones United States District Judge

ORDER - 1