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United States v. Abdul-Ali

United States District Court, N.D. Mississippi, Greenville Division

May 12, 2015

UNITED STATES OF AMERICA,
v.
NASIR ABDUL-ALI, Defendant.

MEMORANDUM OPINION RULING ON ALL PENDING MOTIONS

GLEN H. DAVIDSON, Senior District Judge.

Presently before the Court are the following motions filed by Defendant Nasir Abdul-Ali in the above cause: two motions for an order pursuant to ABA Rule 1.1.6(b) directing counsel to surrender papers related to criminal case [156 & 161], a motion for relief from Judgment and Order denying 28 U.S.C. § 2255 motion [164], a motion for recusal [165], a motion for financial disclosure statements [166], and a motion to support Rule 60(B) delay [167]. For the reasons that follow, the Court finds that all of the motions must be denied.

On March 23, 2005, an indictment [1] was entered against Abdul-Ali charging him with the following four counts: knowingly and intentionally possessing with intent to distribute a mixture and substance containing crack cocaine in violation of 21 U.S.c. § 841(a)(1) and (b)(1)(A); distributing a mixture and substance containing crack cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C); knowingly and intentionally possessing with intent to distribute a mixture and substance containing powdered cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C); and knowingly and intentionally possessing with intent to distribute a mixture and substance containing marijuana in violation of21 U.S.C. § 841(a)(1) and (b)(1)(D). On July 5, 2005, a jury trial was held, and on July 13, 2005, a jury returned a verdict of guilty on all counts. On October 27, 2005, the Court entered Judgment [59] against Abdul-Ali, sentencing him to life imprisonment. Abdul-Ali appealed the conviction and sentence, and the Fifth Circuit Court of Appeals affinned this Court in all respects. Subsequently, Abdul-Ali filed a motion to vacate his sentence under 28 U.S.C. § 2255. After an evidentiary hearing, this Court denied the motion. This Court subsequently denied Abdul-Ali's certificate of appealability, finding that Abdul-Ali's conviction and sentence were not unconstitutional and that Abdul-Ali should not be entitled to proceed in forma pauperis because his appeal was not taken in good faith, was frivolous, and had no possibility of success. On appeal, the Fifth Circuit affinned these rulings.

Abdul-Ali then filed another motion for new trial [143] in this Court which was denied; a motion to continue time for appeal and for reconsideration ofthat ruling [148] which was denied; another motion for certificate of appealability [150] which was denied; a notice of appeal [153] on the Court's denial of his motion for certificate of appealability; and another motion to appeal in forma pauperis [155] in this Court which was denied. The Fifth Circuit denied Abdul-Ali's appeal for want of prosecution, stating that he had failed to timely comply with certificate of appealability requirements. The Fifth Circuit also denied his request to proceed in forma pauperis.

Abdul-Ali then filed two motions for an order pursuant to ABA Rule 1.16(b) directing counsel to surrender papers related to criminal case [156 & 161]. This Court entered an Order [162] directing Abdul-Ali's counsel to respond to the motions. His counsel subsequently filed a response to the motions wherein he stated that he had forwarded all ofhis files relating to Abdul-Ali's appeal and § 2255 motion to him by mail, and that Abdul-Ali should contact counsel with any such future requests. Counsel also attached a copy of his receipt for the postage to mail Abdul-Ali's files. The Court finds that Abdul-Ali's counsel has complied with this request and therefore finds that Abdul-Ali's two motions for an order pursuant to ABA Rule 1.16(b) directing counsel to surrender papers related to criminal case [156 & 161] should be DENIED as moot.

The Court finds that Abdul-Ali's motion for relief from Judgment and Order denying 28 U.S.C. § 2255 motion [164] is not well taken, as the same has been extensively litigated before the Court and Abdul-Ali has presented no new argument or evidence that would justify altering the Court's Order denying the § 2255 motion. Accordingly, the Court finds that Abdul-Ali's motion for relief from Judgment and Order denying 28 U.S.C. § 2255 motion [164] should be DENIED.

The Court further finds that Abdul-Ali's motion for recusal [165] and motion for financial disclosure statements [166] are baseless under the law and have no application to this case. The United States Courts' pay scale is public record and can be found at www.uscourts.gov. Accordingly, Abdul-Ali's motion for recusal [165] and motion for financial disclosure statements [166] should be DENIED.

Finally, the Court finds that Abdul-Ali's motion to support Rule 60(B) delay [167] should be DENIED as moot.

An order in accordance with this opinion shall issue this day.


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