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United States v. Colon

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


September 30, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOHNNY COLON, DEFENDANT.

The opinion of the court was delivered by: Louis H. Pollak, J.

MEMORANDUM/ORDER

Defendant Johnny Colon has filed a Motion Requesting Sentencing Transcripts (docket no. 46), in order to determine if "the Sentencing Court... committed error when it imposed sentence." The record reflects that Mr. Colon was sentenced on February 19, 2003. As the time for any direct appeal of defendant's sentence has long since lapsed, see Fed. R. App. P. 4(b) & (c), the court construes defendant's request as one in aid of a motion to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255.

Pursuant to 28 U.S.C. § 753(f), "[f]ees for transcripts furnished in proceedings brought under [28 U.S.C. § 2255] to persons permitted to sue or appeal in forma pauperis shall be paid by the United States out of money appropriated for that purpose if the trial judge or a circuit judge certifies that the suit or appeal is not frivolous and that the transcript is needed to decide the issue presented by the suit or appeal." Thus, in order to receive a free transcript in proceedings under § 2255, the defendant-petitioner must (1) file a petition under 28 U.S.C. § 2255; (2) receive permission to proceed in forma pauperis by following the procedures in 28 U.S.C. § 1915(a); (3) demonstrate that the suit "is not frivolous"; and (4) show that the documents are necessary "to decide the issue presented." See, e.g., United States v. Raghunathan, 288 Fed. Appx. 2, 4 (3d Cir. 2008); Walker v. People Express Airlines, Inc., 886 F.2d 598 (3d Cir. 1989). Defendant has not fulfilled any of these requirements.

Accordingly, until such time as defendant fulfills the above requirements, it is hereby

ORDERED that his motion requesting sentencing transcripts is DENIED.

20090930

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