Opinion
07-CR-020-A
06-15-2018
UNITED STATES OF AMERICA, v. ANTWAN ROSEMOND, Defendant.
ORDER
The Defendant is currently serving a 46-month sentence after pleading guilty to conspiring to possess with intent to distribute, and to distribute, 5 kilograms or more of cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(A). The Defendant did not appeal his conviction or sentence, nor has he filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255.
The Defendant was originally sentenced to 58 months' imprisonment, but his sentence was later reduced pursuant to 18 U.S.C. § 3582(c)(2). --------
The Defendant has, however, filed a pro se motion for free copies his docket sheet and plea agreement. Docket No. 289. For the reasons stated below, the Defendant's motion is denied without prejudice.
DISCUSSION
The relief the Defendant seeks is governed by 28 U.S.C. § 2250. Section 2250 states that an indigent petitioner may be provided with free "copies of . . . documents or parts of the record on file." The statute, however, applies only "on an[] application for a writ of habeas corpus." Id. The Defendant, as noted, has not filed an application for a writ of habeas corpus.
If the Defendant would like a copy of his docket sheet and/or plea agreement, he must pay the appropriate fee to the Clerk of Court. See 28 U.S.C. § 1914. The fee for copies of the electronic docket sheet is $0.10 per page. The total cost for a copy of the docket sheet in the Defendant's case is $1.60, and the total cost for a copy of the Defendant's plea agreement is also $ 1.60. Payment should be forwarded to the Clerk of Court and a copy of the docket and/or plea agreement will then be mailed to the Defendant.
CONCLUSION
For the reasons stated above, the Defendant's motion is DENIED without prejudice. Dated: June 15, 2018
Buffalo, New York
s/Richard J . Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE