Opinion
CASE NO. 8:09-CR-571-T-17TBM.
May 3, 2011
ORDER
This cause is before the Court on:
Dkt. 242 Motion for Copies and to Proceed IFP
Dkt. 243 Motion for Copies
Defendant Joffre Alouso Plaza-Arevalo was sentenced before the undersigned on 5/27/2010, and a judgment was entered on 5/28/2010 (Dkts. 150, 160).
Defendant Plaza-Arevalo has requested copies of the plea agreement, sentencing transcript, updated docket sheet and a Sec. 2255 form. The Clerk of Court has provided a Sec. 2255 form and an updated docket sheet to Defendant. Defendant has filed an additional request for a copy of the indictment, plea agreement and sentencing transcript.
Since Defendant Plaza-Arevalo has not yet filed a Section 2255 motion, he is not entitled to the documents he has requested free of charge. Any motion to proceed IFP should be provided to the Court when Defendant Plaza-Arevalo files the Section 2255 motion.See Walker v. United States, 424 F.2d 278 (5th Cir. 1970); United States v. Anderson, No. 2:94cr163, 1997 WL 138970 (E.D. Va. Mar. 14, 1997) ("there is no constitutional requirement that an indigent collaterally attacking a conviction or sentence be supplied with court documents at government expense without a show of a `particularized need' for the documents"; [t]o grant this request at this juncture would only encourage a `fishing expedition' by defendant at the expense of the government.:); U.S. v. Reed, CRIM. No. 88-468-01, 1989 WL 14093 (E.D. Pa. Nov. 17, 1989) (before the court may order the clerk of court to provide a person with documents under section 2250, several requirements must be met: 1) the filing of a petition for writ of habeas corpus; 2) a court order allowing the petitioner to proceed in forma pauperis; 3) the filing of a request for documents in which the habeas petition has been filed; and 4) a sufficient explanation of the need for the documents requested so that the court can determine the necessity of providing the requested documents); United States v. Ali, CRIM. A. No. 86-441, 1988 WL 86785 (E.D. La. July 26, 1988) (where the defendant has not filed a section 2255 motion or a petition for writ of habeas corpus, a federal prisoner is not entitled to obtain copies of court records at Government expense for the purpose of searching the record for a possible error.). Defendant Plaza-Arevalo may obtain copies of the requested documents by providing the Clerk's office with the appropriate copying charges. Accordingly, it is
ORDERED that the Motion for Copies and to Proceed IFP is denied without prejudice (Dkt. 242), and the Motion for Copies is denied without prejudice (Dkt. 243). DONE AND ORDERED in Chambers, in Tampa, Florida.