Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Mata-Soto

United States District Court, Tenth Circuit

August 15, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
JUAN MATA-SOTO, Defendant

MEMORANDUM AND ORDER

KATHRYN H. VRATIL United States District Judge

On July 18, 2011, the Court overruled defendant’s motion under 28 U.S.C. § 2255 to vacate, set aside or correct sentence. On June 8, 2012, the Tenth Circuit dismissed defendant’s appeal for failure to pay the required filing fee. This matter is before the Court on defendant’s Motion To Request To The Court Defendant’s Transcripts To [Be] Provided At No Cost For Appeal To Proceed In Formal [sic] Pauperil [sic] (Doc. #411) filed June 24, 2013. Defendant seeks a copy of the sentencing transcript for appeal and for a potential habeas proceeding, presumably under 28 U.S.C. § 2255. Absent a showing of a particularized need, the Court generally does not provide copies of transcripts or other information to indigent prisoners. Rule 7 of the Rules Governing Section 2255 Proceedings (if motion not summarily dismissed, court may order expansion of record to include additional materials relevant to motion); see 28 U.S.C. § 753 (fees for transcripts paid by United States if judge certifies that suit or appeal is not frivolous and that transcript is needed to decide issue presented); 28 U.S.C. § 2250 (United States shall furnish without cost to indigent prisoner such documents as judge may require); Brown v. N.M. Dist. Court Clerks, 141 F.3d 1184, 1998 WL 123064, at *3 n.1 (10th Cir. Mar. 19, 1998) (to obtain free copy of transcript, habeas petitioner must demonstrate claim not frivolous and materials needed to decide issue presented by suit); UnitedStates v. Sistrunk, 992 F.2d 258, 260 (10th Cir. 1993) (under 28 U.S.C. § 753(f), indigent defendant entitled to free copy of transcript on showing of particularized need); Ruark v. Gunter, 958 F.2d 318, 319 (10th Cir. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.