Elawyers Elawyers
Washington| Change

U.S. v. SINGLETON, CR 206-005. (2016)

Court: District Court, S.D. Georgia Number: infdco20160805980 Visitors: 23
Filed: Aug. 04, 2016
Latest Update: Aug. 04, 2016
Summary: ORDER J. RANDAL HALL , District Judge . On March 11, 2016, Defendant Ervin Singleton filed a "Motion for Transcript and Case Record." Singleton states that the transcript and case record are needed for his preparation in seeking post-conviction relief. (Doc. 103, at 1.) However, an in forma pauperis habeas petitioner is only entitled to receive a free transcript if the trial judge certifies that a habeas petition is not frivolous and the transcript is needed to decide the issues present
More

ORDER

On March 11, 2016, Defendant Ervin Singleton filed a "Motion for Transcript and Case Record." Singleton states that the transcript and case record are needed for his preparation in seeking post-conviction relief. (Doc. 103, at 1.) However, an in forma pauperis habeas petitioner is only entitled to receive a free transcript if the trial judge certifies that a habeas petition is not frivolous and the transcript is needed to decide the issues presented. 28 U.S.C. § 753(f); see also Hansen v. United States, 956 F.2d 245, 248 (11th Cir. 1992); Walker v. United States, 424 F.2d 278, 278-79 (5th Cir. 1970) (stating that xx [a] federal prisoner is not entitled to obtain copies of court records at Government expense for the purpose of searching the record for possible error"). Here, Singleton does not have a pending habeas proceeding in this Court. Accordingly, this Court cannot make the necessary certification to allow transcripts at the Government§s expense.

Moreover, the Court notes that Singleton has already filed a post-conviction petition under 28 U.S.C. § 2255. In order to bring another § 2255 motion, Singleton must move the Eleventh Circuit Court of Appeals for an order authorizing this Court to consider a second or successive § 2255 motion. See 28 U.S.C. §§ 2255, 2244(b)(3). Until Singleton acquires the necessary authorization to bring a successive § 2255 motion from the Court of Appeals, this Court has no cause to find any request for documents in this case necessary to a legal proceeding in this Court.

Upon the foregoing, Singleton§s "Motion for Transcript and Case Record (doc. 103) is DENIED.1

ORDER ENTERED.

FootNotes


1. If Singleton wishes to pay for a transcript, he should send payment to and make arrangements with the court reporter. Likewise, Singleton may pay the Clerk§s office for any copies made at his request.
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer