USA v. COKER

1
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
JULIAN DERWAYNE COKER, 	:
:
Movant, 	:
:
v. 	:Case No. 5:23-cr-63-MTT-CHW-1
: 	Civil Case No.: 5:26-cv-00125-MTT
UNITED STATES OF AMERICA, 	:
: 	Proceedings Under 28 U.S.C. § 2255
Respondent. 	: 	Before the U.S. Magistrate Judge
____________________________________:
ORDER
Before the Court is a Motion to Vacate, Set Aside, or Correct a Sentence pursuant to
28 U.S.C. § 2255 filed by Movant Julian Derwayne Coke, pro se. (Doc. 466). After conducting an
initial review in accordance with the provisions of Rule 4 of the Rules Governing Section 2255
Proceedings for 	the United States District Courts, the Court is unable to conclude that the
instant Motion is subject to summary dismissal.
IT IS THEREFORE ORDERED that within thirty (30) days of the date of this
Order, Movant shall amend his motion to include every unalleged possible constitutional error
or deprivation entitling his to federal habeas corpus relief, failing which Movant will be presumed
to have deliberately waived his right to complain of any constitutional errors or deprivations
other than those set forth in his initial motion. If amended, Movant will be presumed to have
deliberately waived his right to complain of any constitutional errors or deprivations other than
those set forth in his initial and amended motions.
IT IS FURTHER ORDERED that the United States Attorney RESPOND to Movant’s
claims by filing an answer or other responsive pleading pursuant to Rule 5 of the Rules
Case 5:23-cr-00063-MTT-CHW Document 467 Filed 04/08/26 Page 1 of 2

2
Governing Section 2255 Proceedings for the United States District Courts within sixty (60) days
of the date of this Order.
Motion to Compel (Doc. 464)
Just prior to the Court’s receipt of Movant’s §2255 motion, the Court also received
Movant’s motion to compel, in which Movant asks the Court to make his plea counsel provide a
complete copy of his case file to him. (Doc. 464). The motion was filed in anticipation of filing a
§ 2255 motion, which Movant has now done. Therefore, his motion to compel is DENIED as
moot. 1
SO ORDERED, this 8th day of April, 2026.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge
1 Had the motion been received for filing any earlier, the motion would still have been denied because a
defendant is not entitled to the documents that he seeks. Discovery in anticipation of filing a §2255 motion
is not permitted. United States v. Cuya, 964 F.3d 969 (11th Cir. 2020); see also Id. at 972 (citing Skinner
v. United States, 434 F.2d 1036, 1037 (5th Cir. 1970) (“We have consistently help that where a federal
prisoner has not attempted to file a petition collaterally attacking his conviction, he is not entitled to obtain
copies of court records at the government’s expense under 28 U.S.C. § 2255 to search the record for possible
error.”)
Case 5:23-cr-00063-MTT-CHW Document 467 Filed 04/08/26 Page 2 of 2