ORDER

JAMES R. KLINDT, Magistrate Judge.

This case is before the Court on Petitioner John Martin Spaulding's "Motion for Transcripts at Government's Expense Pursuant to 18 U.S.C. § 3006A(g)" ("Motion"). (Doc. 6).1 Petitioner requests the minutes and transcripts of his plea colloquy and sentencing hearing.

Title 28, United States Code, § 753(f), states in relevant part:

28 U.S.C. § 753(f); see also 28 U.S.C. § 2250. Thus, § 753(f) permits transcripts to be provided at no cost to a habeas litigant if he qualifies to proceed in forma pauperis ("IFP"). Under 28 U.S.C. § 1915(a)(1)-(2), in order to proceed IFP, a prisoner must provide both (1) an affidavit of indigence and (2) a statement of his or her assets. To provide a statement of assets, prisoners must specifically provide a certified copy of their prison trust fund account for the preceding six months.

Petitioner has not done this yet, so he does not qualify to proceed IFP. Because Petitioner does not qualify to proceed IFP, he does not yet qualify to receive transcripts at the government's expense under 28 U.S.C. § 753(f).

Petitioner states that he "was found indigent by this Honorable Court and pursuant to the Criminal Justice Act, was appointed counsel." Motion at 1. The record reflects, however, that while the Court found Petitioner indigent and appointed him counsel in the criminal case (see Crim. Doc. 12), the Court has yet to make the same finding here in the civil § 2255 case. And, a § 2255 case is a separate civil case from the underlying criminal case. See United States v. Jordan, 915 F.2d 622, 628 (11th Cir. 1990) (observing that "proceedings under § 2255 are not proceedings in the original criminal prosecution; rather, the filing of a motion pursuant to § 2255 is akin to initiating an independent civil suit"); United States v. Dunham Concrete Prods., Inc., 501 F.2d 80, 81 (5th Cir. 1974) ("This Circuit has long taken the view that § 2255 proceedings are, like habeas matters, civil actions mainly standing on their own bottoms . . . ."); Rosecrans v. United States, 378 F.2d 561, 565-66 (5th Cir.1967) ("A motion under § 2255 . . . is an independent civil proceeding, and it is not a part of the proceedings in the criminal case in which the sentence attacked was imposed."). As such, a finding of indigence in the preceding criminal action does not necessarily carry over into the civil § 2255 action. Petitioner must establish that he qualifies to proceed IFP in this action before he may receive transcripts at no cost to him.

Accordingly, it is hereby

ORDERED:

1. The Motion (Doc. 6) is DENIED WITHOUT PREJUDICE to Petitioner resubmitting a motion for transcripts once he establishes that he is eligible to proceed IFP.

2. The Court has enclosed AO Form 240 ("Application to Proceed in District Court Without Prepaying Fees or Costs") (Short Form) if Petitioner wishes to apply for IFP status.

DONE AND ORDERED.

APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Short Form)

I am a plaintiff or petitioner in this case and declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief requested.

In support of this application, I answer the following questions under penalty of perjury:

1. If incarcerated. I am being held at: _______________________________________________. If employed there, or have an account in the institution, I have attached to this document a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any institutional account in my name. I am also submitting a similar statement from any other institution where I was incarcerated during the last six months.

2. If not incarcerated. If I am employed, my employer's name and address are:

My gross pay or wages are: $ ___________________, and my take-home pay or wages are: $ ___________________ per (specify pay period) __________________.

3. Other Income. In the past 12 months, I have received income from the following sources (check all that apply):

If you answered "Yes" to any question above, describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future.

4. Amount of money that I have in cash or in a checking or savings account: $.

5. Any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value that I own, including any item of value held in someone else's name (describe the property and its approximate value):

6. Any housing, transportation, utilities, or loan payments, or other regular monthly expenses (describe and provide the amount of the monthly expense):

7. Names (or, if under 18, initials only) of all persons who are dependent on me for support, my relationship with each person, and how much I contribute to their support:

8. Any debts or financial obligations (describe the amounts owed and to whom they are payable):

Declaration: I declare under penalty of perjury that the above information is true and understand that a false statement may result in a dismissal of my claims.