U.S. v. Doe, 5:08-CR-72-BO. (2019)
Court: District Court, E.D. North Carolina
Number: infdco20190320d11
Visitors: 3
Filed: Mar. 18, 2019
Latest Update: Mar. 18, 2019
Summary: ORDER TERRENCE W. BOYLE , Chief District Judge . This matter is before the Court on defendant's motion to obtain copies of court documents without payment. [DE 34]. For the following reasons, defendant's motion must be denied. The Fourth Circuit requires indigent defendants to show a "particularized need" for requested documents prior to being provided with copies at government expense. United States v. Holloman, 2013 U.S. Dist. LEXIS 99748, *3 (E.D.N.C. Jul. 17, 2013); see also 28 U.S
Summary: ORDER TERRENCE W. BOYLE , Chief District Judge . This matter is before the Court on defendant's motion to obtain copies of court documents without payment. [DE 34]. For the following reasons, defendant's motion must be denied. The Fourth Circuit requires indigent defendants to show a "particularized need" for requested documents prior to being provided with copies at government expense. United States v. Holloman, 2013 U.S. Dist. LEXIS 99748, *3 (E.D.N.C. Jul. 17, 2013); see also 28 U.S...
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ORDER
TERRENCE W. BOYLE, Chief District Judge.
This matter is before the Court on defendant's motion to obtain copies of court documents without payment. [DE 34]. For the following reasons, defendant's motion must be denied.
The Fourth Circuit requires indigent defendants to show a "particularized need" for requested documents prior to being provided with copies at government expense. United States v. Holloman, 2013 U.S. Dist. LEXIS 99748, *3 (E.D.N.C. Jul. 17, 2013); see also 28 U.S.C. § 753(f) (the United States shall pay the fee for a transcript where an action under § 2255 has been certified not to be frivolous). An indigent defendant is not entitled to a transcript at government expense in order to "merely[] comb the record in the hope of discovering some flaw." United States v. Glass, 317 F.2d 200, 202 (4th Cir. 1963). Defendant has not provided any justification to receive the requested documents at government expense other than his intent to file a 28 U.S.C. § 2255 motion. Accordingly, in the absence of any demonstration otherwise, it appears defendant seeks merely to "comb the record." Because he has not shown a "particularized need," defendant's motion to receive court documents without payment [DE 34] is DENIED.
SO ORDERED.
Source: Leagle
