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United States v. Ortiz-Sandoval

United States District Court, Ninth Circuit

April 25, 2013

United States of America, Plaintiff,
v.
Guadalupe Ortiz-Sandoval, Defendant.

ORDER

JAMES A. TEILBORG, Senior District Judge.

Pending before the Court are two motions filed by Defendant. Defendant has filed a motion for sentencing transcripts (Doc. 23) and a motion to proceed in forma pauperis in her motion for sentencing transcripts (Doc. 24).

Pre filing a motion to vacate set aside or correct sentence pursuant to 28 U.S.C. § 2255, defendant apparently seeks free copies of transcripts and other court records in this case in order to prepare a 28 U.S.C. § 2255 motion to vacate sentence. Although 28 U.S.C. § 753(f) authorizes the district court to provide transcripts to a defendant at no cost in some cases, it does not authorize the district court to order payment for transcripts if the defendant has not yet filed a collateral attack on her conviction or sentence under § 2255. United States v. MacCollom, 426 U.S. 317, 321 (1976). Defendant has not yet filed a § 2255 motion to vacate. Accordingly, her motion for transcripts (Doc. 23) must be denied. Further, regarding Defendant's motion to proceed in forma pauperis, there is no filing fee required of a movant under § 2255.

Based on the foregoing,

IT IS ORDERED that Defendant's motion for sentencing transcripts (Doc. 23) is denied.

IT IS FURTHER ORDERED that Defendant's motion to proceed in forma pauperis (Doc. 24) is also denied.


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