Opinion
Case No. 8:02-CR-228-T-30EAJ.
May 2, 2006
ORDER
THIS CAUSE comes before the Court upon Defendant/Petitioner's Motion for Transcripts of the United States and for Extension of Time for Filing 28 U.S.C. § 2255 Motion in Forma Pauperis (Dkt. #291). Defendant/Petitioner seeks the transcripts for preparation of a 28 U.S.C. § 2255 motion to vacate an allegedly illegal conviction or sentence.
The motion will be denied because Defendant/Petitioner can file the motion to vacate without a complete record of his case. See Donovan v. Maine, 276 F.3d 87, 93 (1st Cir. 2002) (habeas corpus petition need not be pleaded with particularity, so citation to transcript unnecessary); Lloyd v. Van Natta, 296 F.3d 630 (7th Cir. 2001), cert. denied 123 S. Court. (2003) (holding that the unavailability of a transcript does not preclude petitioner from commencing habeas corpus proceedings and does not warrant equitable tolling). The Court also finds that Defendant/Petitioner has failed to cite good cause in support of his request for an extension of time to file his § 2255 motion.
It is therefore ORDERED AND ADJUDGED that:
1. Defendant/Petitioner's Motion for Transcripts of the United States and for Extension of Time for Filing 28 U.S.C. § 2255 Motion in Forma Pauperis (Dkt. #291) is DENIED.
DONE and ORDERED.