U.S. v. Miller, CR 15-471 CRB. (2017)
Court: District Court, N.D. California
Number: infdco20170608905
Visitors: 20
Filed: Jun. 06, 2017
Latest Update: Jun. 06, 2017
Summary: ORDER FURNISHING TRANSCRIPTS AND SETTING DEADLINE FOR AMENDED MOTION CHARLES R. BREYER , District Judge . Defendant Eric Miller has filed a motion pursuant to 28 U.S.C. 2255, which contains no substantive claims, instead stating, "I need all my transcripts to move forward with my brief." Mot. (dkt. 37). The Court hereby ORDERS that Defendant be furnished, at no cost , with the transcript of his plea colloquy hearing on February 24, 2016, and his sentencing hearing on May 11, 2016. 1 The
Summary: ORDER FURNISHING TRANSCRIPTS AND SETTING DEADLINE FOR AMENDED MOTION CHARLES R. BREYER , District Judge . Defendant Eric Miller has filed a motion pursuant to 28 U.S.C. 2255, which contains no substantive claims, instead stating, "I need all my transcripts to move forward with my brief." Mot. (dkt. 37). The Court hereby ORDERS that Defendant be furnished, at no cost , with the transcript of his plea colloquy hearing on February 24, 2016, and his sentencing hearing on May 11, 2016. 1 The ..
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ORDER FURNISHING TRANSCRIPTS AND SETTING DEADLINE FOR AMENDED MOTION
CHARLES R. BREYER, District Judge.
Defendant Eric Miller has filed a motion pursuant to 28 U.S.C. § 2255, which contains no substantive claims, instead stating, "I need all my transcripts to move forward with my brief." Mot. (dkt. 37). The Court hereby ORDERS that Defendant be furnished, at no cost, with the transcript of his plea colloquy hearing on February 24, 2016, and his sentencing hearing on May 11, 2016.1 The record reflects that Defendant is indigent, and the Court is not in a position to determine whether Defendant's anticipated claims under 28 U.S.C. § 2255 are frivolous without Defendant's first gaining access to the transcripts. See 28 U.S.C. § 753(f).
The Court further ORDERS Defendant to amend his motion under 28 U.S.C. § 2255 (dkt. 37) within ninety days of the date of the proof of service on the transcripts.
IT IS SO ORDERED.
FootNotes
1. Defendant also requested his "discovery transcripts," but the Court is not aware of any such transcripts. See Mot. (dkt. 37) at 1.
Source: Leagle
