United States v. Campbell

Full title: UNITED STATES OF AMERICA, Plaintiff, v. DENNIS CAMPBELL, Defendant.

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Date published: Oct 31, 2013

Case No. 3:13-cr-2 (S.D. Ohio Oct. 31, 2013)

Opinion

Case No. 3:13-cr-2

10-31-2013

UNITED STATES OF AMERICA, Plaintiff, v. DENNIS CAMPBELL, Defendant.

Timothy S. Black

Judge Timothy S. Black

DECISION AND ENTRY DENYING DEFENDANT'S PRO SE MOTION FOR

SENTENCING TRANSCRIPT (Doc. 26) WITHOUT PREJUDICE

This case is before the Court on Defendant Dennis Campbell's pro se Motion for Sentencing Transcript. (Doc. 26). The Government did not respond to Defendant's Motion and the time for doing so has expired. Defendant's Motion is now ripe for decision.

Defendant requests a transcript under 18 U.S.C. § 3006A and 28 U.S.C. 753(f) to pursue a post-conviction motion, presumably a motion pursuant to 28 U.S.C. §2255. The language of 28 U.S.C. § 753(f) "contains a limited grant of authority to the courts to authorize the expenditure of public funds for furnishing transcripts to plaintiffs in § 2255 actions." United States v. MacCollom, 426 U.S. 371, 321 (1976).

Pursuant to 28 U.S.C. § 753(f):

Fees for transcripts furnished in proceedings brought under section 2255 of this title to persons permitted to sue or appeal in forma pauperis shall be paid by the United States out of money appropriated for that purpose if the trial judge or a circuit judge
certifies that the suit or appeal is not frivolous and that the transcript is needed to decide the issue presented by the suit or appeal.

Thus, "a petitioner proceeding in forma pauperis under § 2255, may obtain a sentencing transcript if, upon motion, the Court determines that (1) petitioner's claims are not frivolous, and (2) the sentencing transcript is needed to decide the issues presented in the § 2255 petition." Caver v. United States, No. 1:03CR486, 2009 WL 302316 (N.D. Ohio Feb. 9, 2009); United States v. Michael, No. l:06-CR-264, 2010 WL 748211, *1 (W.D. Mich. Mar. 1, 2010) (stating that § 753(f), "requires a criminal defendant to file a nonfrivolous section 2255 motion as a prerequisite to the ability to seek a free transcript").

Here, Defendant's request does not set forth the grounds upon which Defendant seeks to pursue relief under § 2255, and therefore, the Court cannot determine whether or not the relief sought is frivolous. In addition, Defendant's request fails to demonstrate that the sentencing transcript is necessary to pursue his purported § 2255 motion. Accordingly, having failed to satisfy the prerequisites of § 753(f), Defendant's Motion (Doc. 26) is DENIED, but without prejudice to refiling.

IT IS SO ORDERED.

________________

Timothy S. Black

United States District Judge