Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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

United States v. Harris

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


August 14, 2007

UNITED STATES OF AMERICA,
v.
MICHELLE HARRIS, DEFENDANT

The opinion of the court was delivered by: Conti, District Judge.

Order

AND NOW, this 14th day of August, 2007, defendant Michelle Harris ("defendant Harris") has filed a pro se motion seeking that this court make available transcripts from court proceedings in the above-entitled case and asserting that she is unable to obtain them through her court-appointed counsel and that without them she will be unable to prepare a section 2255 motion. (Doc. No. 891). The Government has filed a Response in Opposition arguing that defendant Harris' motion should be denied because the plain language of 28 U.S.C. § 753(f) provides that a section 2255 petitioner is not entitled to transcripts free of cost until the petitioner has filed a section 2255 motion, citing United States v. Horvath, 157 F.3d 131, 132-33 (2d Cir. 1998) (holding that a motion for a free transcript pursuant to section 753(f) is not ripe until a section 2255 motion has been filed). (Doc. No. 892).

The Government is correct. Defendant Harris' motion for transcripts is hereby DENIED WITHOUT PREJUDICE to her ability to file a motion for transcripts if she files a section 2255 motion.

Joy Flowers Conti United States District Judge

20070814

© 1992-2007 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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