United States District Court, M.D. Florida, Orlando Division
E. MENDOZA UNITED STATES DISTRICT JUDGE.
CAUSE is before the Court on the following matters:
Petitioner's Application to Proceed In Forma
Pauperis (Doc. 7) is GRANTED. Pursuant
to Rule 4.07(a), Rules of the United States District Court
for the Middle District of Florida, “the party seeking
leave to proceed in forma pauperis shall pay a
stated portion of the Clerk's and/or Marshal's fees
within a prescribed time, failing which the action may be
dismissed without prejudice.” Furthermore, Rule 4.14(b)
of the Local Rules provides that a habeas petitioner may be
ordered to pay the habeas filing fee if “he has $25.00
or more to his credit . . . in any account maintained for him
by custodial authorities.” In the instant case,
Petitioner's inmate trust fund account indicates that at
the time he filed the instant action, he did not have $25.00
to his credit.
Petitioner has filed a Motion to Obtain Copy of Complete
Docket (Doc. 6). Petitioner requests a copy of all the
documents contained in his criminal case. (Id. at
Pursuant to Walker v. United States, 424 F.2d 278
(5th Cir. 1970),
Title 28 U.S.C. § 2250 provides that only where a
petitioner for the writ of habeas corpus has been granted
leave to proceed in forma pauperis and his application is
pending before the court is that petitioner entitled to be
furnished copies of court records without cost. A federal
prisoner is not entitled to obtain copies of court records at
Government expense for the purpose of searching for possible
Id. at 278-79 (citations omitted). Furthermore,
“[f]ees for transcripts furnished in proceedings
brought under section 2255 . . . to persons permitted to sue
. . . in forma pauperis shall be paid by the United States .
. . 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. §
has not specified what documents he needs or why those
documents are necessary to decide an issue raised in this
action. Instead, Petitioner generally requests all the
documents filed in his criminal case. Consequently, the Court
concludes Petitioner has not demonstrated that any document,
such as his plea or sentencing transcript, is necessary to
decide an issue presented. See United States v.
Anderson, No. 2:94cr163, 1997 WL 138970 (E.D. Va. Mar.
14, 1997) (“[T]here is no constitutional requirement
that an indigent collaterally attacking a conviction or
sentence be supplied with court documents or transcripts at
government expense without a showing of a
‘particularized need' for the documents.”);
United States v. Reed, No. 88-468-01, 1989 WL 140493
(E.D. Pa. Nov. 17, 1989) (before the court may order the
clerk of court to provide a person with documents under
section 2250, several requirements must be met: 1) the filing
of a petition for writ of habeas corpus; 2) a court order
allowing the petitioner to proceed in forma pauperis; 3) the
filing of a request for the documents in the court in which
the habeas corpus petition has been filed; and 4) a
sufficient explanation of the need for the documents
requested so that the court can determine the necessity of
providing the requested documents). Accordingly,
Petitioner's Motion to Obtain Copy of Complete Docket
(Doc. 6) is DENIED.
Petitioner's Motion to Vacate, Set Aside, or Correct
Sentence (Doc. 1) is DENIED as moot.
Petitioner has filed an Amended Motion to Vacate, Set Aside,
or Correct Sentence (Doc. 5).
consideration of Petitioner's Amended Motion to Vacate,
Set Aside, or Correct Sentence (“Amended Motion to
Vacate, ” Doc. 5) and in accordance with the Rules
Governing Section 2255 Proceedings for the United States
District Courts, the Government shall, within
NINETY DAYS from the date of this Order,
file a Response indicating why the relief sought in the
Amended Motion to Vacate should not be granted.
of the initial pleading, the Government shall:
a. State whether Petitioner has used any other available
federal remedies including any prior post-conviction motions
and, if so, whether an evidentiary hearing was accorded to
the movant in any federal court;
b. State whether there was an appeal-waiver provision if
Petitioner entered a plea pursuant to an agreement, and if
so, whether the Government relies on the waiver as a defense
to any claims collaterally challenging the effectiveness of
Petitioner's attorney at sentencing;
c. Procure transcripts and/or narrative summaries in
accordance with Rule 5(c) of the Rules Governing Section
2255 Proceeding for the United States District Courts
and file them concurrently with the initial pleading; d.
Summarize the results of any direct appellate relief sought
by Petitioner to include citation references and ...