Opinion
Criminal Case No. SA-7-CR-506(1)-XR
11-09-2011
UNITED STATES of AMERICA, Plaintiff v. WILLIAM D. SLADE, Defendant
ORDER
Defendant William D. Slade's Application to Proceed In Forma Pauperis (IFP) (Docket Entry # 180) and request for a copy of the record in this case at Government expense to appeal his 2008 conviction for possession of a firearm by a convicted felon is DENIED. Defendant pleaded guilty and failed to present an arguable issue for appeal. Furthermore, Defendant's notice of appeal, filed September 30, 2011, is untimely. See Fed. R. App. P. 4(b)(1)(A). Defendant's appeal fails to present a "good faith" non-frivolous issue for appeal as required by 28 U.S.C. § 1915(a)(3) to proceed in forma pauperis. See Coppedge v. U.S., 369 U.S. 438, 445, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
If Defendant Slade seeks a free copy of the record in order to file a 28 U.S.C. § 2255 motion to vacate, the motion for a free record is DENIED. An IFP litigant must show a special need for the requested records and "[a petitioner] is not entitled to a free copy of his transcript . . . merely because he is an indigent." Bonner v. Henderson, 517 F. 2d 135, 136 (5th Cir. 1975). Defendant failed to demonstrate a special need for a record in this case. Defendant does not have § 2255 motion to vacate pending, and his time for filing a § 2255 motion has long expired. Moreover, Defendant or his former-counsel should already have a record of this case based on the prior proceedings in this case.
It is so ORDERED.
NANCY STEIN NOWAK
UNITED STATES MAGISTRATE JUDGE