Opinion
Case No. 2:09-cr-00078-JCM-GWF Case No. 2:10-cr-00520-JCM-GWF
01-29-2013
UNITED STATES OF AMERICA, Plaintiff, v. SHAWN TALBOT RICE, Defendant.
ORDER
These matters come before the Court on identical motions filed by Defendant in two related cases, No. 2:09-cr-00078-JCM-GWF ("Rice I") and No. 2:10-cr-00520-JCM-GWF ("Rice II"): Defendant's Motion to Waive all Court Fees (Rice I #302; Rice II #66), filed on September 17, 2012; Motion to Direct Warden to Process In Forma Pauperis Application (Rice I #312; Rice II #73), filed on December 5, 2012; Motion to Approve in Forma Pauperis Status (Rice I #320; Rice II #81), filed on January 7, 2013; and Motion for Court to Direct Reporter to Produce Transcripts (Rice I #321; Rice II #82), filed on January 11, 2013. Plaintiff filed a Response (Rice I #313; Rice II #75) to the Motion to Direct Warden (Rice I #312; Rice II #73) on December 12, 2012. These cases were reassigned to this Court on January 24, 2013. See Rice I Doc. #327; Rice II Doc. #87. Defendant is acting in proper person in these matters.
Defendant was convicted after bench trial in both Rice I and Rice II before the District Judge on July 24, 2012. See Rice I Doc. #285; Rice II Doc. # 60. After filing his Motion to Waive Court Fees (Rice I #302; Rice II #66), Defendant filed a Petition to Vacate under 28 U.S.C. § 2255 (Rice I #309; Rice II #70). The District Court denied the Petition as premature. (Rice I #325; Rice II #85). Sentencing for both cases is scheduled on February 7, 2013. See Rice I Doc. # 326; Rice II Doc. #87. The Court construes the instant Motions as repeated requests to obtain copies of the Rice I and II trial transcripts, and to waive the transcript fees. In its Response (Rice I #313; Rice II #75; at 4:7-9), Plaintiff represents it has no opposition to this request. Accordingly,
IT IS HEREBY ORDERED that Defendant's Motion to Waive all Court Fees (Rice I #302; Rice II #66), Motion Direct Warden Veach (Rice I #312; Rice II #73), Motion to Approve in Forma Pauperis Status (Rice I #320; Rice II #81), and Motion to Direct Reporter (Rice I #321; Rice II #82) are granted in part and denied in part as follows:
(1) To the extent they relate to Defendant's Petition to Vacate (Rice I #309; Rice II #70), the Motions are denied as moot.
(2) To the extent they relate to Defendant's desire to use the trial transcripts at his sentencing, the Motions are granted.
IT IS FURTHER ORDERED that Defendant shall be provided with copies of the transcripts of the July 23 and July 24, 2012 bench trial in Case Nos. 2:09-cr-00078-JCM-GWF and 2:10-cr-00520-JCM-GWF.
IT IS FURTHER ORDERED that the fee for the transcripts shall be waived.
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GEORGE FOLEY, JR.
United States Magistrate Judge