Motion for Discovery and Production of Documents. Responses due — USA v. Harun (Dkt. 62, S.D. Ga.)

Record facts

U.S. District Court for the Southern District of Georgia · No. 3:23-cr-00003-DHB-BKE · Doc. 62 · 2025-02-25 · Docket on CourtListener

Full text

1
FEB 2 5 2025
UNITED
STATES
DISTRICT
COURT
SOUTHERN DISTRICT
OF
GEORGIA
DUBLIN
DIVISION
rled
UNITED
STATES
OF
AMERICA
RESPONDENT
CASE
NO:
CR 323-00003
V.
GLADYS
HARUN
PETITIONER
*
MOTION
FOR
DISCOVERY AND PRODUCTION OF DOCUMENTS
PURSUANT
TO
RULE
6 GOVERNING
28
U.S.C
2255
Comes now petitioner Gladys Harun in PRO
SE and
this motion
to invoke civil discovery and production of documents
pursuant
to rule 6(a) and
(b) governing 28 U.S.C 2255 proceedings
In support, petitioner shows
the court
the following:
Rule
6 of
the rules governing 28 U.S.C 2255 proceedings
entitles
litigants
to request discovery process available under
the Federal Rules
of Civil Procedure,
if good cause
is
shown and
the court exercises
its discretion allowing discovery.
Federal
Rules
of procedure(civil),
rule 26(c)
through 36 provides
a wide
range
of discovery devices available which includes but
is
not
limited
to:
Depositions,
Production of Documents
or other physical
and mental examinations. Requests
for Admissions and
interrogatories.
Permission
to
enter upon land or other property
for inspection
or other purposes.
The court may appoint counsel
for indigent prisoners
if necessary,
for effective utilization
of discovery.
See
18 U.S.C 3006A.
Good cause for discovery exists under rule 6(a) governing
section
2255 cases
(Habeas Relief) where specific allegations
before
the court showed reason
to believe
that petitioner
may,
if the facts are fully developed be able
to demonstrate
that
she
files
Case 3:23-cr-00003-DHB-BKE     Document 62     Filed 02/25/25     Page 1 of 4

2
is
entitled
to
relief.
See
Harris
v.
Nelson,
394 U.S
286,
89
S ct.
1082,
22L.
Ed.
2d 281
(1969);
Bracy
v.
Grarnley,
520
U.S.
899,
117
S.Ct
1793,
138 L.Ed
2d
97
(1998);
Payne v.
Bell,
89
F.
Supp.
2d 967
(W.D Tenn.
2000).
Petitioner has
already
filed
a statement
of declaration
in
support
of her
2255 and has
filed
a
2255 motion
as
well with
the
court.
She
has
detailed
the
facts
concerning
Innefective assistance of counsel and prosecutorial misconduct
that cumulatively prejudiced her prosecution.
These
unprofessiontu*.
errors
and omissions
by defense counsel constitute ineffective
assistance of counsel and warrants
an evidentiary hearing
to
resolve
the
factual
dispute.
See Valentine
V.
United
States,
488
F.3d
325
332-333
(6th
Cir.,
739
(6th Cir
2003).
2007);
Griffin
Unites
States,
V.
330F.3d
733
Petitioner
see^?
leave
to conduct discovery,
production of
documents
and
disclosures
from
the
United
States,
Petitioner
hereby request
release of
the following documents
towards
litigating
of
her
2255;
1.
)
Warrants
for
seizure
of her bank accounts
2.
) warrants
to access
and download
items
from her
IPP
internet
address
of
her
house
3.
)
Grand Jury indictment
transcripts,
notes and documents
for
both
1st
and
2nd
indictments
4.)
Interview notes
and reports
on
interviews conducted
on her
employees
and
tax clients who
filed
returns
in her
locations
Case 3:23-cr-00003-DHB-BKE     Document 62     Filed 02/25/25     Page 2 of 4

3
These
records
that
petitioner
seeks
are
necessary
for
the
suppor-fc
of arguments raised
in her
2255.
Petitioner
has referenced her
unlawful warrants
and
indictments
and
illegal
access
of her
home
internet
IPP address
that prosecution
used
to devise
the
charged
crimes.
Petitioner
therefore needs
these documents
to
support
and decide
issues presented
in her
2255
in fairness
and
equity .
Goodcause
is hereby
shown because production of
these reques+ed
documents will
establish
the validity of petitioner's
constitutioA^<vL
claim
that defense counsel provided
ineffective assistance
by
failing
to challenge prosecutorial misconduct among other
deficiencies
that
entails
failure
to advocate
for petitioner
in
general.
A
is
presented
in
the
2255 motion.
these attorney deficiencies
discussion
on
Wherefore now above premises considered,
petitioner hereby
moves
this court
to grant
leave
to conduct discovery and release
the mentioned documents
for
this
cause pursuant
to rule 6(a)(b)
of
the
rules governing
2255 proceedings.
done
this
on 02/16/2025
Respectfully submitted,
Gladys
Harun
Case 3:23-cr-00003-DHB-BKE     Document 62     Filed 02/25/25     Page 3 of 4

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Case 3:23-cr-00003-DHB-BKE     Document 62     Filed 02/25/25     Page 4 of 4

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