In re: Maxy

Federal 7th Circuit Court
Criminal Court
Prisoners
Citation
Case Number: 
No. 12-8003
Decision Date: 
March 15, 2012
Federal District: 
W.D. Wisc.
Holding: 
Motion to file late application for leave to file successive collateral attack. Motion held in abeyance.
Ct. of Appeals held in abeyance defendant-prisoner's motion to file late application for leave to file successive collateral attack where defendant asserted that said application would be late due to prison limits on his use of copy machine. Defendant's motion is premature where application is not yet late, and where defendant failed to disclose particulars of underlying legal claim. Ct., though, did excuse defendant from having to comply with Rule 22.2(a)(4)and (5), as well as Appellate Rule 21(d), which required defendant to file multiple copies of his application, as well as relevant prior opinions and requests for collateral relief.