Opinion
07-cr-124-bbc.
October 21, 2008
ORDER
Defendant has filed a "Motion to Receive Sentencing Transcripts" in which he asks for copies of his sentencing transcripts. He states that he wishes to use the transcripts to pursue a motion under 28 U.S.C. § 2255. Because Judge Shabaz is away from the court for an extended medical leave and I am assuming the administration of his cases in his absence, this case has been assigned to me. I construe the motion as a request for preparation of the transcripts at government expense, pursuant to 28 U.S.C. § 753(f), which provides in relevant part:
Fees for transcripts furnished in proceedings brought under section 2255 of this title to persons permitted to sue or appeal in forma pauperis shall be paid by the United States . . . if the trial judge or a circuit judge certifies that the suit or appeal is not frivolous and that the transcript is needed to decide the issue presented by the suit or appeal.
Defendant has not said what aspect of his conviction he wishes to challenge or explained how the transcripts and documents are necessary to decide the issue. Without this information, I cannot certify either that his motion would not be frivolous or that the transcripts are necessary. Therefore, his request for preparation of the transcripts at government expense will be denied without prejudice.
If defendant wishes, he may obtain a copy of the transcripts at his own expense by writing directly to the Court Reporters Office, United States District Court, 120 N. Henry Street, Madison, WI, 53703, (608) 255-3821.
ORDER
IT IS ORDERED that defendant's motion for preparation of transcripts at government expense pursuant to 28 U.S.C. § 753(f) is DENIED without prejudice.