United States District Court, D. Kansas
MEMORANDUM AND ORDER
J. THOMAS MARTEN, District Judge.
This matter is before the court on the motion of defendant Philip Grigsby for the production of numerous pleadings and transcripts. The defendant represents that these materials "are necessary for my pro se appeal." (Dkt. 113, at 1). On May 7, 2014, the Tenth Circuit rejected Grigsby's appeal, and affirmed the 260-year term of imprisonment imposed by the court pursuant to the child pornography sentencing guidelines. In the course of its opinion, the court reiterated that Grigsby's pro se arguments were not properly before the court, given his representation by counsel.
We note that during the course of his direct appeal, Defendant, despite the fact he is represented by counsel, has submitted numerous pro se filings to the court requesting various actions on our part. We have long adhered to the policy on direct appeal of only addressing issues raised by counsel, however, and we invoke that policy here. See United States v. Coleman, 9 F.3d 1480, 1487 (10th Cir. 1993). We therefore decline to address the numerous claims Defendant raises in his pro se filings, including his claim of ineffective assistance of counsel. That claim is more properly brought by way of collateral attack under 28 U.S.C. § 2255.
(Slip op. at 8 n. 6).
Five days after the decision of the Court of Appeals, Grigsby filed the present motion. The court notes that, although it bears the date of "April 22, 2014, " Grigsby's motion was actually received by the court on May 12, 2014, and filed on the same date.
Grigsby does not specify particular pleadings or transcripts in his motion itself. Rather, the attaches a series of letters he has previously written to his appointed counsel, to the clerk of the court, and to the court reporter. In his letter to counsel, Grigsby recites various hearings, but also generally states that he seeks "ALL transcripts of EVERY word spoken by EVERY person present at EVERY HEARING." (Dkt. 113-1, at 3).
Reviewing that correspondence, it appears that Grigsby sought the following pleadings:
Table A Dkt. Pleading 36 Sealed Motion for Leave 39 Sealed Response 59 Sealed Motion for Leave 61 Sealed Sentencing Memorandum 66 Sealed Motion 72 Sealed Motion for Leave 64 Ex Parte Motion for Production 65 Sealed Response 68 Sealed Reply 69 Memorandum and Order 74 Sealed Response 79 Statement of Reasons 99 Amended Statement of Reasons.
In addition, Grigsby sought transcripts of the following hearings:
Table B Date. Hearing Nov. 15, 2012 Change of Plea Hearing Jan. 28, 2013 Motion Hearing
March 28, 2013 Evidentiary Sentencing Hearing May 20, 2013 Evidentiary Sentencing Hearing June 24, 2013 Restitution Hearing ...