Weathers v. United States
Weathers v. United States
Opinion of the Court
ORDER
This is the third petition filed by the petitioner, a federal prisoner, serving a fourteen year-six months sentence imposed following a guilty plea to the Court on June 5, 1962. Following the filing of his first petition under Section 2255, 28 U.S.C., this Court accorded him a full and complete evidentiary hearing, with appointed counsel.
There is no merit in petitioner’s application. With his present petition, the petitioner taxes unduly the patience and indulgence of the Court. He has had his day in Court, not once, but twice. See, Johnston v. United States, supra, 424 F.2d 505. Every possible claim that he might have had for the invalidation of his plea has been fully considered. For him now to demand at Government expense the record in both his criminal trial and in his 2255 proceedings, in order that he may seek to discover some new ground for possible relief represents an intolerable imposition upon a Government that has already extended to him every indulgence, including the furnishing to him more than two years ago the transcript of proceedings when his guilty plea was entered and the hearing on his first 2255 hearing. One does not have an endless right to burden the Court with repeated peti
Petition dismissed and it is so ordered.
It is further ordered, that the peti-. tioner be allowed to proceed in forma pawperis.
. lie was jjrovided with counsel, who diligently inquired into every possible claim of the petitioner. Moreover, the petitioner, by order of this Court, was brought from Atlanta several days before the hearing in order to permit him to review with his counsel every possible claim he might have.
. See Johnston v. United States (10th Cir. 1970) 424 F.2d 505, 506.
. He was represented on appeal by retained counsel.
. In the earlier opinion, this Court said in this connection:
“The fact that petitioner described his alleged mental incapacity as due to ‘alcohol’ and not to ‘barbiturates’ in his earlier proceeding as a part of a purposeful plan to reserve the latter for another petition for relief supports the conclusion that the petitioner seeks, by this petition, to abuse the processes of this court. See 83 Har.L.Rev. 1153; Wong Doo v. United States (1924) 265 U.S. 239, 241, 44 S.Ct. 524, 08 L.Ed. 999; Holland v. Coiner (D.C.W.Va. 1968) 293 F.Supp. 203, 205-206.” 312 F.Supp. at 1354.
. See, Benthiem, v. United States (1st Cir. 1968) 403 F.2d 1009, 1011, note 5.
. It should perhaps be noted that he was furnished substantially such record by order of this Court, entered on August 9, 1968. This order provided :
“IT IS FURTHER ORDERED, That Mrs. Miriam S. Henry, United States Court Reporter, furnish to the petitioner a transcript in the above case at the expense of the United States for his use on appeal.”
See, United States v. Glass (4th Cir. 1963) 317 F.2d 200, 202; United States v. Shoaf (4th Cir. 1964) 341 F.2d 832, 835; Towles v. Peyton (D.C.Va. 1969) 303 F.Supp. 581, 583; Hudgins v. Circuit Court (D.C.Va. 1968) 294 F.Supp. 258, 260.
Reference
- Full Case Name
- Paul C. WEATHERS v. UNITED STATES of America
- Status
- Published