No. 4:05-CR-544 CAS.
March 2, 2009
MEMORANDUM AND ORDER
This matter is before the Court on defendant's motion for a complete copy of the trial transcript in the above-captioned matter. Defendant states that he seeks the transcript in order to prepare a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255.
A prisoner has no absolute right to a transcript to assist him in the preparation of a collateral attack on his conviction, and constitutional requirements are met by providing such materials only after judicial certification that they are required to decide the issues presented by a non-frivolous pending case.United States v. Lewis, 605 F.2d 379, 379 (8th Cir. 1979) (citingUnited States v. MacCollom, 426 U.S. 317 (1976)). Defendant does not have a non-frivolous § 2255 motion pending before the Court. As a result, the motion for transcripts will be denied.
Defendant has also filed a motion to proceed in forma pauperis in his 28 U.S.C. § 2255 proceeding. The motion will be denied as not ripe for review, because defendant does not have a § 2255 motion pending.
IT IS HEREBY ORDERED that defendant's motion for a trial transcript is DENIED. [Doc. 73] IT IS FURTHER ORDERED that defendant's motion to proceed in forma pauperis is DENIED as not ripe for review. [Doc. 72]