Gurule v. USA, No. 2:2016cv00625 - Document 13 (D. Utah 2018)

Court Description: MEMORANDUM DECISION AND ORDER denying 12 Motion to Appoint Counsel. Signed by Judge David Nuffer on 9/26/18 (alt)
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Gurule v. USA Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION THOMAS RAY GURULE, Petitioner, MEMORANDUM DECISION AND ORDER DENYING MOTION TO APPOINT COUNSEL v. Case No. 2:16-cv-00625-DN UNITED STATES OF AMERICA, District Judge David Nuffer Respondent. Petitioner Thomas Ray Gurule seeks appointment of counsel to assist in preparing and presenting a motion to correct the sentence imposed in his underlying criminal case (criminal no. 2:04-cr-00209-DN-1). 1 Mr. Gurule’s Motion is procedurally improper. Judgment was entered in this case on July 10, 2018, 2 which denied and dismissed Mr. Gurule’s § 2255 Motion. 3 The Judgment was not appealed, and the case is closed. 4 Therefore, IT IS HEREBY ORDERED that Mr. Gurule’s Motion 5 is DENIED. Signed September 26, 2018. BY THE COURT ________________________________________ David Nuffer United States District Judge 1 Request for Help in Appointment of Counsel (“Motion”), docket no. 12, filed Sept. 17, 2018. 2 Judgment in a Civil Case (“Judgment”), docket no. 11, filed July 10, 2018. 3 Motion Under 28 U.S.C. ¶ 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (“§ 2255 Motion”), docket no. 1, filed June 10, 2016. 4 If Mr. Gurule desires the appointment of counsel to raise new claims regarding the propriety of his sentence, he must do so in a separate case. 5 Docket no. 12, filed Sept. 17, 2018.