No. CIV S-04-1279 LKK GGH P.
April 18, 2006
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 12, 2006, judgment was entered. On February 2, 2006, petitioner filed a notice of appeal.
On April 5, 2006, petitioner filed a request for transcripts. Fed.R.App.P. 10(b)(1) provides that within ten days after filing the notice of appeal the appellant must order from the court reporter a transcript of such parts of the proceedings not already on file. Petitioner's request is untimely as it was filed more than ten days after he filed his notice of appeal. More importantly, no transcripts were prepared in this case. Therefore, all documents necessary for appeal are already on file.
Accordingly, IT IS HEREBY ORDERED that petitioner's April 5, 2006, request for transcripts is denied.