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U.S. v. McCLURGE

February 25, 2004.

UNITED STATES OF AMERICA, Plaintiff,
v.
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 priority basis.

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.

20040225

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