Opinion
2:10-CR-509 JCM (RJJ)
06-04-2012
UNITED STATES OF AMERICA, Plaintiff, v. DIANE TEDESCO, Defendant.
ORDER
Presently before the court is defendant Diane Tedesco's motion requesting transcripts at government expense. (Doc. #12). Defendant seeks transcripts to prepare a 28 U.S.C. § 2255 motion to vacate sentence. (Doc. #12). The government has not responded.
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 denies defendant's motion for transcripts because defendant has not demonstrated that a future § 2255 motion would not be frivolous. Judgement was entered against defendant on February 9, 2011. (Doc. #10). Defendant did not appeal her conviction. Further, more than one year has passed since the entry of final judgment, and defendant still has not filed a § 2255 motion to vacate sentence.
Pursuant to 28 U.S.C. § 2255(f), a defendant must file a § 2255 motion within one year of the date on which the judgment of conviction becomes final. Here, defendant has failed to file a § 2255 motion within one year of the date her conviction became final, and defendant appears to be time-barred from pursuing § 2255 relief. Therefore, the court cannot find that defendant's suit or appeal is not frivolous and presents a substantial issue. See Henderson, 734 F.2d 483.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the defendant's motion requesting transcripts at government expense (doc. #12) be, and the same hereby is, DENIED.
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UNITED STATES DISTRICT JUDGE