Opinion
No. 93 Civ. 5284 (AKH) (HBP)
February 13, 2003
MEMORANDUM OPINION AND ORDER
By notice of motion dated August 15, 2002 (Docket Item 39), petitioner moves to compel discovery of the plea and sentencing minutes of Leonard Forrest. For the reasons stated below, the motion is denied.
As explained in the Affidavit of Assistant District Attorney Cheryl D. Harris, sworn to September 18, 2002, respondent does not have possession, custody or control of the minutes in issue. Accordingly, the Federal Rules of Civil Procedure do not permit an Order to respondent directing the production of the minutes.
Petitioner here is, however, represented by counsel appointed pursuant to the Criminal Justice Act. If petitioner and his counsel believe that the minutes are necessary to resolve the issues raised by the petition, petitioner's counsel should make an application to have the minutes transcribed pursuant to the Criminal Justice Act.
Accordingly, petitioner's motion to compel discovery from respondents is denied without prejudice to an application from petitioner to have the minutes transcribed pursuant to the Criminal Justice Act.
SO ORDERED