Opinion
Criminal No. 99-719 (WHW).
October 15, 2008
ORDER
Before the court is defendant's letter of August 8, 2008 requesting the transcript of her sentencing, which occurred on January 23, 2008.
It is on this 14 day of October, 2008
ORDERED that the court reporter provide to defendant the necessary transcripts at the governments' expense.
MOTION FOR PRODUCTION OF TRANSCRIPTS
Lucy Figueroa by herself moves this Court for an order directing the clerk to provide sentencing transcripts. In support she states:
1. On January 23, 2008, I was sentenced by this Court to a 60 month sentence in the above case. At the time of my sentencing, this Court provided me with sentencing credit based on various factors, including my good behavior while on probation.
2. In March 2008, I was relocated to the federal prison for women at DAnbury, CT. During my unit team meetings with Bureau of Prisons staff, it became clear to me that I was not being provided by the Bureau of Prisons full sentencing credit in accord with this Court's order at my sentencing. In order to correct the inaccurate sentencing calculation by the BoP, I need to have a copy of my sentencing transcripts.
3. I am indigent and cannot afford to pay for a set of sentencing transcripts myself. I enclose an in forma pauperis affidavit to support that claim.
4. Based on the above, I respectfully request this Court to order the clerk to send me a copy of my sentencing transcripts.
5. I swear under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief.New Jersey (check appropriate box) 28 U.S.C. 2255 other 08/04/08 Lucy Figueroa
United States District Court __________________________________ DISTRICT OF Lucy figueroa APPLICATION TO PROCEED IN v. FORMA PAUPERIS, SUPPORTING United States of America DOCUMENTATION AND ORDER CASE NUMBER: 99-719 I, _______________________________________, declare that I am the petitioner/plaintiff movant (filing motion) respondent/defendant ________________________________________________ in the above-entitled proceeding; that, in support of my request to proceed without being required to prepay fees, cost or give security therefor, I state that because of my poverty, I am unable to pay the cost of said proceeding or give security therefor; that I believe I am entitled to relief. The nature of my action, defense, or other proceeding or the issues I intend to present on appeal are briefly stated as follows: In further support of this application, I answer the following questions. 1. Are you presently employed? Yes No a. If the answer is "yes", state the amount of your salary or wages per month, and give the name and address of your employer. (list both gross and net salary) BoP In make employed 27.00 dollar pek month b. If the answer is "no", state the date of last employment and the amount of the salary and wages per month which you received. 2. Have you received within the past twelve months any money from any of the following sources? a. Business, profession or other form of self-employment Yes No b. Rent payments, interest or dividends? Yes No c. Pensions, annuities or life insurance payments? Yes No d. Gifts or inheritances? Yes No e. Any other sources? Yes No If the answer to any of the above is "yes," describe each source of money and state the amount received from each during the past twelve months. 3. Do you own any cash, or do you have money in checking or savings accounts? Yes No (Include any funds in prison accounts.) If the answer is "yes", state the total value of the items owned. 165.00 In Prison Account 4. Do you own or have any interest in any real estate; stocks, bonds, notes, automobiles or other valuable property (excluding ordinary household furnishings and clothing)? Yes No If the answer is "yes," describe the property and state its approximate value. 5. List the persons who are dependent upon on you for support; state your relationship to those persons, and indicate how much you contribute toward their support. I declare under penalty of perjury that the foregoing is true and correct. Executed on (Date) Signature of Applicante