Filed: Feb. 19, 2003
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-30604 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JIMMY WATSON, Defendant-Appellant. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 95-CR-240-ALL-D - February 19, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges. PER CURIAM:* Jimmy Watson, federal prisoner # 24759-034, appeals from the district court’s order denying his request for the pro
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-30604 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JIMMY WATSON, Defendant-Appellant. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 95-CR-240-ALL-D - February 19, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges. PER CURIAM:* Jimmy Watson, federal prisoner # 24759-034, appeals from the district court’s order denying his request for the prod..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30604
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JIMMY WATSON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 95-CR-240-ALL-D
--------------------
February 19, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jimmy Watson, federal prisoner # 24759-034, appeals from the
district court’s order denying his request for the production at
government expense of his criminal trial transcript and records
of other proceedings in his criminal case. He has also filed a
motion for authority to file an out-of-time reply brief, which
motion is GRANTED.
Watson is not entitled to free copies of his trial records
solely because he is indigent or because he desires to prepare a
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-30604
-2-
petition seeking collateral relief. Cf. Smith v. Beto,
472 F.2d
164, 165 (5th Cir. 1973); United States v. MacCollum,
426 U.S.
317, 324-25 (1976)(§ 2255 case). He is required to demonstrate
that the transcript is necessary for the proper disposition of
his claims. Harvey v. Andrist,
754 F.2d 569, 571 (5th Cir.
1985). In the motion he filed in the district court, however,
Watson failed to identify any issues for which a transcript was
needed to prepare pleadings with which to raise such claims in a
collateral proceeding. And, this court will not consider issues
raised for the first time on appeal. See Leverette v. Louisville
Ladder Co.,
183 F.3d 339, 342 (5th Cir. 1999).
Watson’s motion reflects that he was seeking to review the
trial court record to determine pertinent dates and identify
witnesses and trial testimony so as to assert postconviction
claims through the use of some in innominate procedural vehicle.
Watson is not entitled to conduct a “fishing expedition” to
locate possible errors. Cf. Jackson v. Estelle,
672 F.2d 505,
506 (5th Cir. 1992). In addition, Watson’s arguments, made for
the first time on appeal, reflect that his knowledge of his
claims is sufficient to enable him to seek collateral relief
without obtaining a transcript.
Watson’s claims have no arguable merit. His appeal is
DISMISSED as frivolous. See Howard v. King,
707 F.2d 215, 219-20
(5th Cir. 1983); 5TH CIR. R. 42.2.
APPEAL DISMISSED.