At page 278 Determining entitlement to court records for federal prisoners19 citing casesPER CURIAM: Appellant Walker, a federal prisoner, filed his motion in the District Court requesting a copy of his indictment and transcripts of his arraignment…
- McBride v. Guerrero, No. 25-50718 (5th Cir. Mar. 11, 2026).unpublishedSee United States v. Carvajal, 989 F.2d 170, 170 (5th Cir. 1993); Walker v. United States, 424 F.2d 278, 278-79 (5th Cir. 1970).
- Sanchez v. United States, No. 3:22-cv-01945 (N.D. Tex. Oct. 7, 2022).See United States v. Caravajal, 989 F.2d 170 (5th Cir.1993); see also United States v. Herrera, 474 F.2d 1049, 1049-50 (5th Cir.1974) (“This Court has consistently held that a federal prisoner is not entitled to obtain copies of court reco…
- Gibbs v. The State of Texas, No. 3:21-cv-01891 (N.D. Tex. Aug. 17, 2021).While “an indigent defendant has no constitutional right to acquire a copy of his transcripts or court records for use in a collateral proceeding,” Walton v. Davis, 730 F. App’x 233 , 234 (5th Cir. 2018) (per curiam) (citing United States…
- United States v. Dennis Hagan, No. 17-10683 (5th Cir. July 11, 2018).unpublishedSee id.; Walker v. United States, 424 F.2d 278, 278-79 (5th Cir. 1970).
- Morris Tyler v. Leroy Cartledge, 584 F. App'x 77 (4th Cir. 2014).unpublishedSee United States v. Connors, 904 F.2d 535, 536 (9th Cir.1990) (necessity of pending habeas petition); Walker v. United States, 424 F.2d 278, 278-79 (5th Cir.1970) (same).
- United States v. Pablo Ramos-Barrera, 466 F. App'x 334 (5th Cir. 2012).unpublishedSee 28 U.S.C. § 2250 ; Walker v. United States, 424 F.2d 278, 278-79 (5th Cir.1970).
- United States v. Driver, 326 F. App'x 876 (5th Cir. 2009).unpublishedSee United States v. Carvajal, 989 F.2d 170, 170 (5th Cir.1993); Walker v. United States, 424 F.2d 278, 278-79 (5th Cir.1970).
- United States v. Peralta-Ramirez, 266 F. App'x 360 (5th Cir. 2008).unpublishedSee United States v. Carvajal, 989 F.2d 170, 170 (5th Cir.1993); Walker v. United States, 424 F.2d 278, 278-79 (5th Cir.1970).
- United States v. Agbomire, 239 F. App'x 929 (5th Cir. 2007).unpublishedWalker v. United States, 424 F.2d 278, 278-79 (5th Cir.1970).
- United States v. Lucious, No. 01-20101 (5th Cir. Aug. 23, 2001).unpublishedWalker v. United States, 424 F.2d 278, 278-79 (5th Cir. 1970).
Show 9 more citing cases
- United States v. Richard Horvath, 157 F.3d 131 (2d Cir. 1998).publishedDavidson v. Wilkinson, 618 F.2d 1215, 1219 (7th Cir.1980) (per cu riam) (“Once a § 2255 motion is filed, 28 U.S.C. § 753 (f) provides the funds for a transcript ....”) 1 ; see also MacCollom, 426 U.S. at 320-21 , 96 S.Ct. at 2089 (pluralit…
- United States v. Kevin Lewis, 37 F.3d 1510 (10th Cir. 1994).publishedSee United States v. Connors, 904 F.2d 535, 536 (9th Cir.1990); Walker v. United States, 424 F.2d 278, 278-79 (5th Cir.1970).
- United States v. Hernandez-Cuellar, No. 21-40051 (5th Cir. Sept. 30, 2021).unpublishedHowever, a movant for a writ of habeas corpus is entitled to copies of court records without cost where he has been granted leave to proceed in forma pauperis and his federal habeas motion is pending before the court. 28 U.S.C. § 2250 ; se…
- Charles Walton v. Lorie Davis, Dir., No. 17-20450 (5th Cir. July 9, 2018).unpublishedHowever, 28 U.S.C. § 2250 states that a movant for a writ of habeas corpus is entitled to copies of court records without cost where he has been granted leave to proceed IFP and his federal habeas motion is pending before the court. § 2250…
- United States v. Resendez Paz, 72 F. App'x 233 (5th Cir. 2003).unpublishedSee Walker v. United States, 424 F.2d 278, 278-279 (5th Cir.1970); Harless v. United States, 329 F.2d 397, 398-399 (5th Cir.1964).
- United States v. Paz, No. 03-40017 (5th Cir. Aug. 19, 2003).unpublishedSee Walker v. United States, 424 F.2d 278, 278-279 (5th Cir. 1970); Harless v. United States, 329 F.2d 397, 398-399 (5th Cir. 1964).
- United States v. Stokes, No. 99-60560 (5th Cir. Oct. 19, 2000).unpublishedSee Walker v. United States, 424 F.2d 278, 278-79 (5th Cir. 1970).
- United States v. Bill Patrick Connors, Sr., 904 F.2d 535 (9th Cir. 1990).publishedSee Walker v. United States, 424 F.2d 278, 278-79 (5th Cir.1970).
- Jessie v. Huss, No. 2:19-cv-12846 (E.D. Mich. July 10, 2020).See, e.g., Clark, 2010 WL 342547 , at *1 (“[A] broad, unspecific contention that record access may enable [the petitioner] ‘to find grounds to pick [a] theory’ is insufficient to constitute a showing of need.” (citing Walker v. United Stat…
At page 279 Denial of prisoner's request for court records at government expense9 citing cases“a federal prisoner is not entitled to obtain copies of court records at government expense for the purpose of searching the record for possible error.”
- Jimenez-Hurtado v. United States, No. 8:20-cv-02874 (M.D. Fla. Oct. 17, 2023).Doc. 100) The district court denied without prejudice his request for the plea agreement, the indictment, and the sentencing transcript because the motion “was filed in advance of any Section 2255 motion that Jiminez-Hurtado may be contemp…
- Slutzker v. Capozza, No. 2:18-cv-00157 (W.D. Pa. Oct. 21, 2021).Although the Court of Appeals for the Ninth Circuit discussed a number of factors that militated against permitting pre-petition discovery, the fundamental barrier was determined to be the lack of context against which good cause could be…
- United States v. Juan Alejandro Rodriguez Cuya, 964 F.3d 969 (11th Cir. 2020).published(affirming the denial of a motion requesting an indictment and transcripts because “[a] federal prisoner is not entitled to obtain copies of court records at Government expense for the purpose of searching the record for…)
- Escobar v. State, 880 S.W.2d 782 (Tex. App.—Houston [1st Dist.] 1993).publishedNor is the court required to order a copy of [prisoner's] transcript merely to enable [prisoner] to comb the record in the hope of discovering some flaw.") (quoting Walker v. United States, 424 F.2d 278, 279 (5th Cir.1970) and McGarry v. F…
- United States v. Elbert Walker, Jr., No. 21-12407 (11th Cir. May 31, 2023).unpublished(affirming a district court’s denial of a prisoner’s transcript request where the prisoner had no appeal pending and had not filed a § 2255 motion)
- United States v. Hernandez, 431 F. App'x 813 (11th Cir. 2011).unpublished See Walker v. United States, 424 F.2d 278, 279 (5th Cir.1970) 3 (holding that “only where a [habeas] petitioner ... has been granted leave to proceed in forma pauperis and his application is pending before the court is that petitioner is e…
- United States v. Raghunathan, 288 F. App'x 2 (3d Cir. 2008).unpublished(federal prisoner not entitled to obtain copies of court records at Government expense for purpose of searching the record for possible error)
- United States v. Chance A. Jackson, 302 F. App'x 122 (3d Cir. 2008).unpublished(A federal prisoner is not entitled to obtain copies of court records at Government expense for the purpose of searching the record for possible error.)
- United States v. Houghton, 388 F. Supp. 773 (N.D. Tex. 1975).published
Other citing cases
- Raymond B. Chavez v. Warden Maurice Sigler, Nebraska State Penitentiary, Lincoln, Nebraska, 438 F.2d 890 (8th Cir. 1971).published
v.
UNITED STATES of America, Defendant-Appellee
Appellant Walker, a federal prisoner, filed his motion in the District Court requesting a copy of his indictment and transcripts of his arraignment and sentencing. He has no appeal pending, nor has he filed or attempted to file a motion to vacate sentence pursuant to 28 U.S.C.A. § 2255, or a petition for a writ of habeas corpus in the District Court. The District Court denied the motion. We affirm. [1]
Title 28 U.S.C.A. § 2250 provides that only where a petitioner for the writ of habeas corpus has been granted leave[*279] to proceed in forma pauperis and his application is pending before the court is that petitioner entitled to be furnished copies of court records without cost. Harless v. United States, 5 Cir. 1964, 329 F.2d 397. A federal prisoner is not entitled to obtain copies of court records at Government expense for the purpose of searching the record for possible error. Harless v. United States, supra; Culbert v. United States, 10 Cir. 1964, 325 F.2d 920; Ketcherside v. United States, 6 Cir. 1963, 317 F.2d 807.
The judgment below is
Affirmed.
. Pursuant to Rule IS of the Rules of this Court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir. 1969, 409 F.2d 804, Part I; and Huth v. Southern Pacific Company, 5 Cir. 1969, 417 F.2d 526; Part I.