Opinion
2:07-CR-116 JCM (GWF)
06-19-2012
UNITED STATES OF AMERICA, Plaintiff, v. WESLEY EVANS, Defendant.
Date: N/A
Time: N/A
ORDER
Presently before the court is pro se defendant Wesley Evans' motion for transcripts. (Doc. #15). The court dismissed without prejudice the criminal information against defendant on December 30, 2008. (Doc. #14).
Defendant asserts that he has a 28 U.S.C. § 2255 "motion before the court in another district." (Doc. #14). Thus, defendant requests transcripts for all of his and his wife's appearances in United States district court in Las Vegas from "March 13, 2007, and dates thereafter." (Doc. #14).
Pursuant to 28 U.S.C. § 753(f), the court may grant a motion requesting transcripts at government expense if the court certifies that the suit or appeal is not frivolous. See also Henderson v. United States, 734 F.2d 483 (9th Cir. 1984) (stating that the court must find that the appeal is not frivolous and presents a substantial issue before granting a motion for transcripts).
The court declines to grant defendant's request for transcripts. Pursuant to 28 U.S.C. § 753(f), this court is required to certify that the suit or appeal is not frivolous before it can grant a motion for transcripts. Here, defendant does not identify the location, case number, or content of his § 2255 motion in the other court. Thus, this court has no basis upon which to find that the suit or appeal is not frivolous. See 28 U.S.C. § 753(f).
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that pro se defendant Wesley Evans' motion for transcripts (doc. #15) be, and the same hereby is, DENIED.
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UNITED STATES DISTRICT JUDGE