Filed: Sep. 02, 2015
Latest Update: Sep. 02, 2015
Summary: ORDER G.R. SMITH , Magistrate Judge . Well over a year after her sentence became final, see doc. 104 (judgment), and following no appeal (probably because she waived that right by signing her plea agreement, see doc. 105 at 6-7), Dwan Scott moves for free copies of "transcripts of proceedings" in her case. Doe. 150 at 1. Presumably, she wants the transcripts to prepare a collateral attack on her conviction. "`[I]ndigent prisoners seeking postconviction collateral relief do not have
Summary: ORDER G.R. SMITH , Magistrate Judge . Well over a year after her sentence became final, see doc. 104 (judgment), and following no appeal (probably because she waived that right by signing her plea agreement, see doc. 105 at 6-7), Dwan Scott moves for free copies of "transcripts of proceedings" in her case. Doe. 150 at 1. Presumably, she wants the transcripts to prepare a collateral attack on her conviction. "`[I]ndigent prisoners seeking postconviction collateral relief do not have a..
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ORDER
G.R. SMITH, Magistrate Judge.
Well over a year after her sentence became final, see doc. 104 (judgment), and following no appeal (probably because she waived that right by signing her plea agreement, see doc. 105 at 6-7), Dwan Scott moves for free copies of "transcripts of proceedings" in her case. Doe. 150 at 1. Presumably, she wants the transcripts to prepare a collateral attack on her conviction.
"`[I]ndigent prisoners seeking postconviction collateral relief do not have an automatic right to free copies of court transcripts and documents. Criminal defendants have an absolute right to a trial transcript for direct appeals, but, if they are seeking postconviction collateral relief, they must first demonstrate a nonfrivolous claim. Ruark v. Gunter, 958 F.2d 3181 319 (10th Cir. 1992) (per curiam)." United States v. Heyward, 2008 WL 5189725 at * 1 (S.D. Ga. Dec. 10, 2008) (quoting Nortonsen v. Larimer Cnty. Dist. Court, 178 F. App'x 783, 783 (10th Cir. 2006)); see also 28 U.S.C. § 753(b).1 Indeed, "a request by a prisoner for access to the court files of h[er] underlying criminal conviction is premature prior to the filing of a collateral attack on that conviction." Pope v. Adams, 2015 WL 4394286 at * 2 (N.D. Ala. July 16, 2015) (quoting Hansen v. United States, 956 F.2d 245, 248 (11th Cir. 1992)); see also United States v. Mitchell, 2008 WL 824226 at * 1 (M.D. Fla. Mar. 26, 2008) (same). Prisoners are "entitled to access ... court files only after [they] ha[ve] made a showing that such files are necessary to the resolution of an issue or issues ... presented in a non-frivolous pending collateral proceeding." Pope, 2015 WL 4394286 at * 2 (emphasis in original).
Scott's motion lacks any mention of why she wants the transcripts, much less makes a meritorious claim. Even if it did, no post-conviction attack on her conviction or sentence is pending before the Court. See Pope, 2015 WL 4394286 at * 2 (denying transcript request "for the purpose of preparing a collateral attack"). The motion therefore fails and is DENIED.
SO ORDERED.
