Filed: Sep. 30, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6735 MORRIS TYLER, Petitioner – Appellant, v. LEROY CARTLEDGE, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. J. Michelle Childs, District Judge. (6:13-cv-03076-JMC) Submitted: September 25, 2014 Decided: September 30, 2014 Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Mor
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6735 MORRIS TYLER, Petitioner – Appellant, v. LEROY CARTLEDGE, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. J. Michelle Childs, District Judge. (6:13-cv-03076-JMC) Submitted: September 25, 2014 Decided: September 30, 2014 Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Morr..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6735
MORRIS TYLER,
Petitioner – Appellant,
v.
LEROY CARTLEDGE, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. J. Michelle Childs, District
Judge. (6:13-cv-03076-JMC)
Submitted: September 25, 2014 Decided: September 30, 2014
Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Morris Tyler, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Morris Tyler appeals the district court’s order
denying his motion for copies and its order granting in part and
denying in part his motion for reconsideration of that order. A
district court judge before whom a habeas petition is pending
may order a district court clerk to provide copies of court
documents at government expense to a habeas petitioner
proceeding in forma pauperis. 28 U.S.C. § 2250 (2012).
However, provision of such copies is a matter of discretion with
the district court before which the habeas petition is pending.
See United States v. Connors,
904 F.2d 535, 536 (9th Cir. 1990)
(necessity of pending habeas petition); Walker v. United States,
424 F.2d 278, 278-79 (5th Cir. 1970) (same).
Here, Tyler had no habeas petition pending at the time
he filed his motion for copies. Moreover, he did not
demonstrate a need for copies, where the documents he sought
were either provided to him previously or are not necessary to
the filing of his proposed 28 U.S.C. § 2244 (2012) application.
Finding no abuse of discretion in the district court’s rulings,
we affirm the orders at issue. We dispense with oral argument
because the facts and legal contentions are adequately presented
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in the materials before this court and argument would not aid
the decisional process.
AFFIRMED
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