U.S. v. Hill, 1:14 CR 108. (2019)
Court: District Court, W.D. North Carolina
Number: infdco20190625d22
Visitors: 15
Filed: Jun. 24, 2019
Latest Update: Jun. 24, 2019
Summary: ORDER W. CARLETON METCALF , Magistrate Judge . This matter is before the Court on a letter from Defendant (Doc. 29), which will be construed as a motion seeking copies of Defendant's judgment and sentencing transcript. A transcript may be provided without charge to an indigent criminal defendant who wishes to bring an action pursuant to 28 U.S.C. 2255 "if the trial judge . . . certifies that the suit . . . is not frivolous and that the transcript is needed to decide the issue presented b
Summary: ORDER W. CARLETON METCALF , Magistrate Judge . This matter is before the Court on a letter from Defendant (Doc. 29), which will be construed as a motion seeking copies of Defendant's judgment and sentencing transcript. A transcript may be provided without charge to an indigent criminal defendant who wishes to bring an action pursuant to 28 U.S.C. 2255 "if the trial judge . . . certifies that the suit . . . is not frivolous and that the transcript is needed to decide the issue presented by..
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ORDER
W. CARLETON METCALF, Magistrate Judge.
This matter is before the Court on a letter from Defendant (Doc. 29), which will be construed as a motion seeking copies of Defendant's judgment and sentencing transcript.
A transcript may be provided without charge to an indigent criminal defendant who wishes to bring an action pursuant to 28 U.S.C. § 2255 "if the trial judge . . . certifies that the suit . . . is not frivolous and that the transcript is needed to decide the issue presented by the suit." 28 U.S.C. § 753(f). To obtain a transcript under this provision, the defendant must make a showing of specific need. United States v. Glass, 317 F.2d 200, 202 (4th Cir. 1963).
In this case, Defendant was sentenced on August 6, 2015 and filed a § 2255 motion on June 22, 2016. In the instant motion, Defendant seeks a copy of his judgment and a sentencing transcript to pursue relief under "new laws that's being passed." (Doc. 29) at 1. These summary assertions, however, fail to demonstrate a specific need for his judgment and sentencing transcript.
Accordingly, Defendant's motion (Doc. 29) is DENIED WITHOUT PREJUDICE.
Source: Leagle
