01/31/2012 268 ORDER as to Rufus Paul Harris, Benjamin Stanley, Darryl Horton granting 267 unopposed MOTION to Continue sentencing filed by Rufus Paul Harris. Sentencing set for all three defendants on 2/23/2012 at 10:00 AM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. Signed by Judge Timothy C. Batten, Sr on 1/31/12. (rsh) (Entered: 01/31/201
01/31/2012 269 ORDER denying 266 Motion as to Rufus Paul Harris (1); denying 266 Motion to Transfer to another facility and other miscellaneous relief. Signed by Judge Timothy C. Batten, Sr on 1/31/12. (rsh) (Entered: 01/31/2012)
Before the Court is Defendant Rufus Paul Harris's pro se motion to be transferred to a different correctional facility and for other miscellaneous relief [266]. Harris contends that he should be transferred because he does not have access to the software and legal materials he needs to prepare for his upcoming sentencing. In addition to a transfer, Harris asks to Court to grant him access to his laptop computer, which he contends has all of the software and supporting documentation that he will need for his sentencing.
Harris's request will be denied because he is currently represented by counsel appointed under the Criminal Justice Act. This not only precludes the Court's consideration of his pro se motion, LCrR 57.1(D)(3), but it also undercuts any right to access a law library, see Smith v. Hutchins, 426 F. App'x 785, 789 (11th Cir. 2011) ('''[WJhile adequate law libraries are one constitutionally acceptable method to assure meaningful access to the courts, our decision here ... does not foreclose alternative means to achieve that goal,' such as the provision of professional legal assistance to prisoners." (quoting Bounds v. Smith, 430 U.S. 817, 830-31 (1977))). Therefore, Harris's motion [266] is DENIED.
02/17/2012 Submission of 271 Pro Se MOTION for New Trial as to Rufus Paul Harris, submitted to District Judge Timothy C. Batten. (adg) (Entered: 02/17/2012)
02/17/2012 271 Pro Se MOTION for New Trial by Rufus Paul Harris. (adg) (Entered: 02/17/2012)
02/17/2012 270 Sentencing Memorandum as to Rufus Paul Harris, Benjamin Stanley, Darryl Horton filed by USA (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Anand, Justin) (Entered: 02/17/2012)
Case title: USA v. Harris et al Date Filed: 09/15/2009 Assigned to: Judge Timothy C. Batten, Sr Referred to: Magistrate Judge Janet F. King
1:09-cr-00406-TCB-JFK USA v. Harris et al 1:09-cr-00406-TCB-JFK-1 Rufus Paul Harris 1:09-cr-00406-TCB-JFK-2 Benjamin Stanley 1:09-cr-00406-TCB-JFK-3 Darryl Horton
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