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U.S. v. BURWELL, 5:10-CR-00064-BR. (2012)

Court: District Court, E.D. North Carolina Number: infdco20120404a64 Visitors: 3
Filed: Apr. 03, 2012
Latest Update: Apr. 03, 2012
Summary: ORDER W. EARL BRITT, Senior District Judge. This matter is before the court on defendant's pro se motion to obtain all transcripts and documents in the case pursuant to 28 U.S.C. 753(f). Defendant "seek[s] these documents to be able to file a motion for direct appeal." (DE # 83.) Without a pending proceeding, e.g., a direct appeal or a habeas corpus petition, defendant cannot be provided any transcripts at government expense. See 28 U.S.C. 753(f) ("Fees for transcripts furnished in cr
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ORDER

W. EARL BRITT, Senior District Judge.

This matter is before the court on defendant's pro se motion to obtain all transcripts and documents in the case pursuant to 28 U.S.C. § 753(f).

Defendant "seek[s] these documents to be able to file a motion for direct appeal." (DE # 83.) Without a pending proceeding, e.g., a direct appeal or a habeas corpus petition, defendant cannot be provided any transcripts at government expense. See 28 U.S.C. § 753(f) ("Fees for transcripts furnished in criminal proceedings to persons proceeding under the Criminal Justice Act . . . or in habeas corpus proceedings to persons allowed to sue, defend, or appeal in forma pauperis, shall be paid by the United States . . . ."); United States v. Horvath, 157 F.3d 131, 132 (2d Cir. 1998) ("Based on the plain language and necessary operation of the statute, we conclude that a motion for a free transcript pursuant to § 753(f) is not ripe until a [28 U.S.C.] § 2255 motion has been filed."). Furthermore, to obtain free copies of documents within his case file, defendant must make a showing of particularized need. See United States v. Rast, No. 6:02-cr-00948-GRA, 2007 WL 3377200, *1 (D.S.C. Nov. 7, 2007) ("It is well-settled in this circuit that a prisoner who requests free copies of records in his or her criminal case must show a particularized need for such records." (citation omitted)). Defendant does not need copies of all documents in the case to enable him to prepare a notice of appeal or a habeas corpus petition, as those filings require relatively basic information of which he should have first hand knowledge. See Fed. R. App. P. 3(c) (setting forth contents of notice appeal); Rule 2(b), Rules Governing Section 2255 Proceedings (requirements of habeas corpus motion).

The motion is DENIED. The Clerk is DIRECTED to send defendant a copy of the docket sheet from his case file.

Source:  Leagle

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