IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
July 29, 2010
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Judge Conner
AND NOW, this 29th day of July, 2010, upon consideration of the motion (Doc. 203) for production of transcripts, filed by defendant Richard Soto ("Soto"), wherein Soto requests a copy of the transcript of the December 22, 2009 hearing on the motion (Doc. 189) for return of seized property, and it appearing that the court denied Soto's motion for return of seized property without prejudice, (see Doc. 197), and that Soto appealed the court's order to the Third Circuit Court of Appeals, (see Doc. 199), and it further appearing that the United States government did not seize the property which Soto seeks, and that it was instead seized by the Harrisburg city police department,*fn1 and concluding that Soto's appeal is therefore frivolous, it is hereby
ORDERED that the motion (Doc. 203) for production of transcripts is DENIED. See 28 U.S.C. § 753(f) (explaining that a defendant may not obtain transcripts of proceedings in his case at government expense unless the court "certifies that the suit or appeal is not frivolous").
CHRISTOPHER C. CONNER United States District Judge