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U.S. v. Ford

United States District Court, E.D. Missouri, Eastern Division
Mar 2, 2009
No. 4:05-CR-544 CAS (E.D. Mo. Mar. 2, 2009)

Opinion

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.

Accordingly,

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]


Summaries of

U.S. v. Ford

United States District Court, E.D. Missouri, Eastern Division
Mar 2, 2009
No. 4:05-CR-544 CAS (E.D. Mo. Mar. 2, 2009)
Case details for

U.S. v. Ford

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. MARVIN FORD, Defendant

Court:United States District Court, E.D. Missouri, Eastern Division

Date published: Mar 2, 2009

Citations

No. 4:05-CR-544 CAS (E.D. Mo. Mar. 2, 2009)