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USA v. Smith, 7:16-CR-120-D. (2017)

Court: District Court, E.D. North Carolina Number: infdco20171115c80 Visitors: 5
Filed: Nov. 14, 2017
Latest Update: Nov. 14, 2017
Summary: ORDER JAMES C. DEVER, III , Chief District Judge . On October 16, 2017, Theodore Roosevelt Hardy ("Hardy"), appearing pro se, filed a motion for a copy of the sentencing transcript in his case [D.E. 331]. Although a court reporter transcribed Hardy's sentencing hearing, the court reporter did not prepare transcripts. No one ordered one. "An indigent is not entitled to a transcript at government expense without a showing of need, merely to comb the record in the hope of discovering some fla
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ORDER

On October 16, 2017, Theodore Roosevelt Hardy ("Hardy"), appearing pro se, filed a motion for a copy of the sentencing transcript in his case [D.E. 331]. Although a court reporter transcribed Hardy's sentencing hearing, the court reporter did not prepare transcripts. No one ordered one.

"An indigent is not entitled to a transcript at government expense without a showing of need, merely to comb the record in the hope of discovering some flaw." United States v. Shoaf, 341 F.2d 832, 833-34 (4th Cir. 1964). Hardy has failed to show a particularized need for the transcript. To the extent Hardy's motion could be construed as motion to obtain transcripts without charge, the motion [D.E. 331] is DENIED.

SO ORDERED.

Source:  Leagle

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