Opinion
Criminal Action No. 7: 14-15-DCR Civil Action No. 7: 16-176-DCR
08-10-2016
UNITED STATES OF AMERICA, Plaintiff, v. ERIC WILLIAMS, Defendant.
MEMORANDUM OPINION AND ORDER
*** *** *** ***
Defendant Eric Williams is currently serving a term of imprisonment of 137 months following his conviction for voluntary manslaughter in violation of 18 U.S.C. § 1112(a). [Record No. 41] Williams did not appeal his guilty plea or sentence. On July 21, 2016, the defendant filed a motion requesting: (i) an extension of time to file a motion under 28 U.S.C. § 2255; (ii) appointment of counsel; and (iii) that the Government provide him with certain documents from the record. [Record No. 44] The Court denied those requests. [Record No. 45]
On August 9, 2016, Williams filed a pro se motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255, asserting various claims of ineffective assistance of counsel. [Record No. 46] In addition, he submitted a motion to proceed in forma pauperis, along with his inmate trust fund account statement. [Record Nos. 48; 49] As grounds for the motion for pauper status, Williams indicates that he requests such status for the purpose of obtaining "docket sheets" and "federal transcripts" free of charge. [Record No. 48, p. 1] Both 28 U.S.C. §§ 753(f) and 2250 require a petitioner to obtain pauper status before requesting that the Court furnish documents without cost to him. Although courts often deny motions requesting pauper status in a § 2255 action, other courts consider such motions if they relate to a request for documents. See United States v. Mercado, 47 F.3d 1171 (table), 1995 WL 37964, *2 (6th Cir. Jan. 31, 1995) (explaining that the petitioner "remains free to file his § 2255 motion in federal district court and request in forma pauperis status and any documents necessary to support his action at that time"); United States v. Frye, No. 1:09CR47, 2011 WL 1100217, *1 n.1 (N.D. Ohio Mar. 18, 2011) (denying motion for pauper status, as moot, even though it was accompanied by a motion for transcripts at Government expense); United States v. Chambers, 788 F. Supp. 334, 338 (E.D. Mich. 1992) (authorizing defendant to proceed in forma pauperis under 28 U.S.C. § 1915 in a § 2255 proceeding). As a result, the Court will consider Williams' motion for pauper status.
Under 28 U.S.C. § 1915(a)(1), the Court may authorize the commencement, prosecution, or defense of a civil or criminal proceeding without prepayment of fees by "a person who submits an affidavit that includes a statement of all assets such prisoner possesses [and] that the person is unable to pay such fees or give security therefor." Here, Williams has submitted an affidavit, along with a trust fund account statement. [Record Nos. 48; 49] However, he has not listed all his assets. While the account statement may describe all his assets, the Court cannot assume that such is the case. As a result, the Court will not authorize Williams to proceed in forma pauperis at this time. But he may file a renewed motion with appropriate documentation.
Further, to the extent the present motion is a request for certain documents at Government expense, the Court again notes that Williams has failed to make the required "showing of need" with regard to specific documents. See United States v. Nelson, No. 90-3268, 1991 WL 59411, at *1 (10th Cir. Apr. 16, 1991); see also Wiggins v. United States, No. CIVA103CV735BRR, 2005 WL 1362234, at *2 (S.D. Miss. June 3, 2005); Althouse v. Cockrell, No. 3:01-CV-0779-R, 2004 WL 377049, at *2 (N.D. Tex. Feb. 13, 2004); Irby v. Swenson, 361 F. Supp. 167, 167 (E.D. Mo. 1973). Consequently, any request for documents in the present motion will be denied. Accordingly, it is hereby
ORDERED as follows:
1. Defendant Eric Williams' motion to proceed in forma pauperis for the purpose of obtaining documents at Government expense [Record No. 48] is DENIED, without prejudice.
2. To the extent Williams requests certain documents at Government expense, his motion [Record No. 48] is DENIED, without prejudice.
This 10th day of August, 2016.
Signed By:
Danny C . Reeves
United States District Judge