Opinion
CRIMINAL ACTION 22-18
09-25-2024
UNITED STATES OF AMERICA v. RANDI LEWIS
SECTION I
ORDER & REASONS
LANCE M. AFRICK, UNITED STATES DISTRICT JUDGE
Before the Court is a motion by defendant to extend the one-year period of limitation in which defendant may file a motion pursuant to 28 U.S.C. § 2255. However, federal courts lack jurisdiction to entertain such motions. See, e.g., United States v. Bautista, 548 Fed.Appx. 254 (5th Cir. 2013) (per curiam) (“The district court lacked jurisdiction to entertain Bautista's motion for an extension of time to file a § 2255 motion.”) (citing United States v. Leon, 203 F.3d 162, 163 (2d Cir. 2000)).
R. Doc. No. 78.
Second, defendant states he “also would like a court transcript of [his] case.”The Court construes this request as a motion for copies of these records at the Court's expense in preparation for his filing a § 2255 motion. Cf. United States v. Smith, No. 02-cr-385, 2024 WL 3161889, at *1 (E.D. La. June 25, 2024) (Africk, J.). A federal prisoner is entitled to a free transcript in proceedings brought under § 2255 “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.” 28 U.S.C. § 753(f). The transcript “will not be provided, though, where a movant contends that he needs them to formulate a claim or to review for facts that may support a potential habeas petition.” United States v. Hernandez-Cuellar, No. 21-40051, 2021 WL 4484963, at *1 (5th Cir. Sept. 30, 2021) (per curiam). Rather, “[h]e is required to demonstrate that the transcript is necessary for the proper disposition of his claims.” United States v. Watson, No. 02-30604, 2003 WL 1109766, at *1 (5th Cir. Feb. 19, 2003) (per curiam).
Id.
Lewis has not provided a specific reason for his request. Nor has he explained the relationship of the transcript to any ongoing proceeding. Furthermore, the Court notes that neither an appeal nor a § 2255 motion are pending. Consequently, the Court cannot certify that Lewis is pursuing a non-frivolous matter or that the transcript is needed to decide the issues therein. Cf. Smith, 2024 WL 3161889, at *1.
For the foregoing reasons, IT IS ORDERED that the motion for an extension is DENIED.
IT IS FURTHER ORDERED that the motion for a free transcript is DENIED.