Filed: Nov. 08, 2016
Latest Update: Nov. 08, 2016
Summary: MEMORANDUM AND ORDER LEON JORDAN , District Judge . This is a pro se motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255. Now before the Court are a motion for copies [Doc. 1040] and two supplements to the 2255 petition [Docs. 1044, 1050] filed by Petitioner. In his motion for copies, Petitioner asserts that "upon an unfavorable order" in this matter, he is preparing an appeal, citing Sixth Circuit Court of Appeals Case No. 11-6191 [Doc. 1040 p. 1]. Petitioner t
Summary: MEMORANDUM AND ORDER LEON JORDAN , District Judge . This is a pro se motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255. Now before the Court are a motion for copies [Doc. 1040] and two supplements to the 2255 petition [Docs. 1044, 1050] filed by Petitioner. In his motion for copies, Petitioner asserts that "upon an unfavorable order" in this matter, he is preparing an appeal, citing Sixth Circuit Court of Appeals Case No. 11-6191 [Doc. 1040 p. 1]. Petitioner th..
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MEMORANDUM AND ORDER
LEON JORDAN, District Judge.
This is a pro se motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255. Now before the Court are a motion for copies [Doc. 1040] and two supplements to the § 2255 petition [Docs. 1044, 1050] filed by Petitioner.
In his motion for copies, Petitioner asserts that "upon an unfavorable order" in this matter, he is preparing an appeal, citing Sixth Circuit Court of Appeals Case No. 11-6191 [Doc. 1040 p. 1]. Petitioner therefore requests copies and/or information as to how to obtain copies of his original indictment, his superseding indictments, all grand jury transcripts, sentencing transcripts, his complete docket sheet, his sentencing memorandum, his pre-sentence report ("PSR"), and information filed by Respondent to establish a prior conviction [Id.].
To the extent Petitioner seeks free copies of transcripts, Petitioner's appeal of this Court's judgment in the underlying criminal matter, Sixth Circuit Court of Appeals Case No. 11-6191, is closed, and Petitioner has not demonstrated that the requested transcripts are needed to decide any issue presented in his currently pending § 2255 motion. As such, Petitioner is not entitled to free copies of any transcripts. See 28 U.S.C. § 753(f); United States v. Fullerton, 238 F.3d 424 (Table) (6th Cir. 2000).
Moreover, Petitioner is not entitled to free copies of documents previously filed in his case, other than the original copies provided to him when documents are filed. Accordingly, Petitioner's motion for copies [Doc. 1040] is DENIED in part to the extent that it seeks free copies of transcripts and/or documents.
Petitioner's motion for copies [Doc. 1040] is GRANTED in part to the extent he seeks information regarding how to obtain copies of the requested transcripts and documents, however. Specifically, Petitioner may obtain copies of publicly available documents filed in his case from the Clerk of Court for a charge of $0.50 per page. The Clerk is DIRECTED to send Petitioner a copy request form as well as information regarding the cost of providing copies of the original indictment, the superseding indictments, sentencing transcripts,1 the docket sheet, his sentencing memorandum, and information filed by Respondent to establish a prior conviction, to the extent she is able to ascertain that cost based on the information provided by Petitioner.2
Further, the United States Attorney is hereby ORDERED to file an answer or other response to the supplements to Petitioner's § 2255 motion [Docs. 1044, 1050] within thirty (30) days from entry of this Order.
IT IS SO ORDERED.
