United States District Court, N.D. Illinois
February 25, 2004.
UNITED STATES OF AMERICA, Plaintiff,
TERRANCE McCLURGE, Defendant
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
Defendant wishes to file a § 2255 petition, and he needs to review the
transcript of his trial in order to prepare his petition. That petition,
he believes, must be filed by May 19, 2004. But, according to a notice
dated June 6, 2003, his transcript is an item "not authorized for an
inmate to possess." He claims he is denied access to it. The notice,
however, also provides that inmates who demonstrate a court deadline in
conjunction with their request to review transcripts will be treated on a
By that we assume defendant can have access. He has a deadline and he
does need the transcript in order to prepare his petition. If we are
incorrect in that assumption, defendant can request further relief,
including equitable tolling. See Nelson v. United States, ___ F.3d ___
(7th Cir. 2/18/04). For now, assuming he will promptly be afforded
access, there is plenty of time to prepare his petition. His pending
motion for equitable tolling is denied.
© 1992-2004 VersusLaw Inc.