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Al-Amin v. Stevenson, 0:10-cv-2023-CMC. (2018)

Court: District Court, D. South Carolina Number: infdco20180315g32 Visitors: 8
Filed: Mar. 14, 2018
Latest Update: Mar. 14, 2018
Summary: Order CAMERON McGOWAN CURRIE , Senior District Judge . This matter is before the court on Petitioner's motion for free copies of the record in his previous habeas corpus petition at Docket Number 0:10-cv-02023. ECF No. 64. Petitioner has attached a Financial Certificate from Perry Correctional Institution showing he is indigent, and has informed the court he needs the copies to pursue a motion under 28 U.S.C. 2244 in the Fourth Circuit. Id. For the reasons below, Petitioner's motion fo
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Order

This matter is before the court on Petitioner's motion for free copies of the record in his previous habeas corpus petition at Docket Number 0:10-cv-02023. ECF No. 64. Petitioner has attached a Financial Certificate from Perry Correctional Institution showing he is indigent, and has informed the court he needs the copies to pursue a motion under 28 U.S.C. § 2244 in the Fourth Circuit. Id.

For the reasons below, Petitioner's motion for copies at no cost is granted.

Longstanding circuit precedent provides that a prisoner who requests free copies of records in his or her case, whether it is a state or federal case, must show a particularized need for such records. See Jones v. Superintendent, Virginia State Farm, 460 F.2d 150, 152-53 (4th Cir. 1972); United States v. Glass, 317 F.2d 200, 202 (4th Cir. 1963). Petitioner must show some "need" for the material beyond a mere desire to comb the record in hopes of discovering some flaw. Jones, 460 F.2d at 152.

Petitioner states the Fourth Circuit requires copies of any previously filed § 2254 motions in order to consider his motion under § 2244. He attaches paperwork from the Fourth Circuit confirming this requirement (ECF No. 64-1) and states the Fourth Circuit directed him to write this court for the requested documents. Petitioner has therefore shown a specific need for the records requested. Accordingly, Petitioner's motion (ECF No. 64) is granted. The Clerk shall provide Defendant with a copy of the Report and Recommendation issued in the above captioned case on July 12, 2011 (ECF No. 43) and the Opinion and Order adopting the Report (ECF No. 50).

IT IS SO ORDERED.

Source:  Leagle

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