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U.S. v. Foulks, 10-cv-40002-JPG. (2018)

Court: District Court, S.D. Illinois Number: infdco20180308935 Visitors: 15
Filed: Mar. 07, 2018
Latest Update: Mar. 07, 2018
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on defendant Ossie D. Foulks's note (Doc. 50), which the Court construes as a motion for free copies of his plea agreement and docket sheet. This is his second request for free copies of these materials. As the Court told Foulks in response to his first request for copies, defendants have no constitutional right to a complimentary copy of any document in their court files. See United States v. Groc
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MEMORANDUM AND ORDER

This matter comes before the Court on defendant Ossie D. Foulks's note (Doc. 50), which the Court construes as a motion for free copies of his plea agreement and docket sheet. This is his second request for free copies of these materials.

As the Court told Foulks in response to his first request for copies, defendants have no constitutional right to a complimentary copy of any document in their court files. See United States v. Groce, 838 F.Supp. 411, 413, 414 (E.D. Wis. 1993). Before providing copies free of charge, a district court may require the requestor to show: (1) that he has exhausted all other means of access to his files (i.e., through his trial and appellate counsel), (2) that he is financially unable to secure access to his court files (i.e., through a showing similar to that required in 28 U.S.C. § 1915(a)(2) which includes a certified copy of the prisoner's trust account for the previous six-month period prior to filing), and (3) that the documents requested are necessary for some specific non-frivolous court action. See United States v. Wilkinson, 618 F.2d 1215, 1218-19 (7th Cir. 1980); Rush v. United States, 559 F.2d 455, 459 (7th Cir. 1977); Groce, 838 F. Supp. at 413-14. These minimal requirements do not impose any substantial burden to financially unable prisoners who desire their records be sent to them at government expense.

Foulks has not established that he is indigent and unable to pay for the documents he seeks or that he has exhausted all other means of access to his files such as through his trial counsel. Most importantly, however, Foulks has not shown that he has a pending, non-frivolous action for which the documents are needed. For these reasons, the Court DENIES Foulks's motion (Doc. 50) without prejudice to another motion that makes the required showing.

IT IS SO ORDERED.

Source:  Leagle

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