U.S. v. Hinnnant, 5:15-CR-235-BO. (2018)
Court: District Court, E.D. North Carolina
Number: infdco20180410a21
Visitors: 10
Filed: Apr. 09, 2018
Latest Update: Apr. 09, 2018
Summary: ORDER TERRENCE W. BOYLE , District Judge . This matter is before the court on defendant's motion for extension of time to respond, to appoint counsel, and for copies of this sentencing transcript. [DE 68]. For the following reasons, defendant's motion for extension of time is granted and his other motions are denied. First, defendant's motion for copies is denied. "[T]he Fourth Circuit requires indigent defendants to show a `particularized need'" for requested documents prior to their bei
Summary: ORDER TERRENCE W. BOYLE , District Judge . This matter is before the court on defendant's motion for extension of time to respond, to appoint counsel, and for copies of this sentencing transcript. [DE 68]. For the following reasons, defendant's motion for extension of time is granted and his other motions are denied. First, defendant's motion for copies is denied. "[T]he Fourth Circuit requires indigent defendants to show a `particularized need'" for requested documents prior to their bein..
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ORDER
TERRENCE W. BOYLE, District Judge.
This matter is before the court on defendant's motion for extension of time to respond, to appoint counsel, and for copies of this sentencing transcript. [DE 68]. For the following reasons, defendant's motion for extension of time is granted and his other motions are denied.
First, defendant's motion for copies is denied. "[T]he Fourth Circuit requires indigent defendants to show a `particularized need'" for requested documents prior to their being provided at government expense. United States v. Holloman, 2013 U.S. Dist. LEXIS 99748, *3 (E.D.N.C. Jul. 17, 2013); see also 28 U.S.C. § 753(f) (United States shall pay the fee for transcript where action under § 2255 has been certified not to be frivolous). An indigent defendant is not entitled to a transcript at government expense in order to "merely [ ] comb the record in the hope of discovering some flaw." United States v. Glass, 317 F.2d 200, 202 (4th Cir. 1963). Stanley has not provided any justification to receive the requested documents at government expense other than his intent to respond to the government's motion. Accordingly, in the absence of any demonstration otherwise, his motion requesting copies of court documents without payment must be denied.
Source: Leagle
