Opinion
CASE NO: 2:15-cr-149-FtM-38MRM
03-13-2018
UNITED STATES OF AMERICA v. NORRIS WILLIAMS
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Before the Court is Defendant Norris Williams' Pro Se Motion for Copies of Court File Documents. (Doc. 120). Williams moves for copies of his jury instructions and trial and sentencing transcripts without having to pay the fees because of his indigent status. According to Williams, he needs the documents for "appellate purposes" and cannot obtain them for his Court-appointed attorney.
Williams is serving 240 months' imprisonment for heroin possession and distribution. (Doc. 108). He appealed unsuccessfully his convictions and sentences. (Doc. 119; Doc. 121). And Williams has not filed any habeas petition under 28 U.S.C. § 2255. Although the Court does not question that Williams is likely indigent, there are no pending proceeding to which the transcripts are relevant. And it is well settled that "[i]ndigent federal prisoners are not entitled to copies of transcripts at the government expense for the purpose of preparing a collateral attack on a conviction." United States v. Adamson, 681 F. App'x 824, 827 (11th Cir. 2017) (citing United States v. Herrera, 474 F.2d 1049, 1049 (5th Cir. 1973); Skinner v. United States, 434 F.2d 1036, 1037 (5th Cir. 1970) (footnote omitted)). Because Williams has no matter pending, "he 'is not entitled to obtain copies of court records at the government's expense to search for possible defects merely because he is an indigent.'" Id. (citing Herrera, 474 F.2d at 1049); see also 28 U.S.C. § 753(f). The Court thus denies Williams' motion.
The Court reminds Williams that he is still represented by counsel, and thus any communications with the Court must be through his attorney until the attorney withdraws from representation. --------
Accordingly, it is now
ORDERED:
Defendant Norris Williams' Pro Se Motion for Copies of Court File Documents (Doc. 120) is DENIED.
DONE AND ORDERED at Fort Myers, Florida, this March 13, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: Counsel of Record