Brown v. Sikes, et al
Filing
43
ORDER denying 41 Motion for Copies; denying 42 Motion for Certificate of Appealability. Ordered by Judge C. Ashley Royal on 4/20/12 (lap)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
WALTER LEE BROWN,
:
:
Petitioner,
:
:
v.
:
:
No. 5:96‐CV‐58 (CAR)
JOHNNY C. SIKES, Warden,
:
:
Respondent.
:
___________________________________ :
ORDER ON MOTIONS
Before the Court is Petitioner Walter Lee Brown’s Motion for Copies of Record
Documents [Doc. 41] and his Motion for Certificate of Appealability [Doc. 42]. On
March 30, 2012, this Court dismissed Petitioner’s Rule 60(b) motion to set aside this
Court’s previous habeas judgment on the grounds that it lacked jurisdiction. See
Gonzalez v. Crosby, 545 U.S. 524, 532 (2005). Shortly after this Court’s Order,
Petitioner filed the instant Motions.
1. Certificate of Appealability
As amended effective December 1, 2009, § 2254 Rule 11(a) provides that “[t]he
district court must issue or deny a certificate of appealability when it enters a final
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order adverse to the applicant.” Rule 11(a), Rules Governing Section 2254 Cases. In
the Eleventh Circuit, “a certificate of appealability is required for the appeal of any
denial of a Rule 60(b) motion for relief from a judgment in a [28 U.S.C.] § 2254 or [28
U.S.C.] § 2255 proceeding.” Williams v. Chatman, 510 F.3d 1290, 1294 (11th Cir. 2007)
(internal quotations and citations omitted). However, where a district court lacks
subject matter jurisdiction over a Rule 60(b) motion, it also lacks jurisdiction to grant a
COA. Id. In light of this Court’s prior conclusion that it lacks subject matter
jurisdiction over Petitionerʹs 60(b) motion, Petitioner’s Motion for a Certificate of
Appealability [Doc. 42] is DENIED.
2. Motion to Obtain Copies of the Record
Petitioner also requests specific copies of the record so that he may “utiliz[e] the
documents in further proceedings regards to the 60(b) motion.” [Doc. 41, p. 2]. In
support of his Motion, Petitioner has attached an application to proceed in forma
pauperis.
Section 2250 of Title 28 of the United States Code specifically provides that:
If on any application for a writ of habeas corpus an order has been made
permitting the petitioner to prosecute the application in forma pauperis,
the clerk of any court of the United States shall furnish to the petitioner
without cost certified copies of such documents or parts of the record on
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file in his office as may be required by order of the judge before whom
the application is pending.
28 U.S.C. § 2250.
In this case, pursuant to § 2250, Petitioner is without a pending habeas petition,
authorization from the Eleventh Circuit to entertain a second or successive habeas
petition, or a pending appeal. “A federal prisoner is not entitled to obtain copies of
court records at Government expense for the purpose of searching the record for
possible error.” Walker v. United States, 424 F.2d 278, 279 (5th Cir. 1970).1
Accordingly, Petitioner’s Motion for Copies of Record Documents [Doc. 41] is
DENIED.
Based on the aforementioned, Petitioner’s Motion for a Certificate of
Appealability [Doc. 42] and his Motion for Copies of Record Documents [Doc. 41] are
DENIED.
SO ORDERED, this 20th day of April, 2012.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
LMH
The Eleventh Circuit adopted as binding precedent all Fifth Circuit decisions as of September
30, 1981. Bonner v. City of Prichard, 661 F.2d 1206, 1207 (11th Cir. 1981).
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