Opinion
NO. CR. S-05-113 LKK.
May 29, 2008
ORDER
The court is in receipt of the defendant's request for a copy of his transcript for the purposes of pursuing his motion under 28 U.S.C. § 2255, in which he moves to vacate, set aside or correct the sentence issued by the court on April 17, 2007. A petitioner in forma pauperis moving under 28 U.S.C. § 2255 is entitled to a copy of his transcript at the expense of the United States upon a showing that his petition is not frivolous but presents a substantial question. 28 U.S.C. § 753(f).
Here, the defendant-petitioner has filed a skeletal petition under § 2255, which he seeks to amend. His petition alleges several substantial Constitutional questions and therefore does not appear frivolous. His request for a transcript at the expense of the United States is therefore GRANTED.
Once the Court Reporter provides the requested transcripts to the Clerk, the Clerk is directed to mail them to the defendant-petitioner.
IT IS SO ORDERED.