Clarke v. USA

Filing 6

ORDER denying at this time 5 Motion to Copy. Signed by Chief Judge David R. Herndon on 5/13/13. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DAVID CLARKE,
Plaintiff,
No. 13-0342-DRH

vs.
UNITED STATES OF AMERICA,
Defendant.

ORDER
HERNDON, Chief Judge:
Pending before the Court is Clarke’s motion for copies of his court
transcripts (Doc. 5). Based on the following, the Court denies at this time
the motion.
In order to obtain documents free of charge Clarke must
demonstrate: (1) that he has exhausted all means of access to his files (i.e.
through his trial and appellate counsel), (2) that he is financially unable to
secure access to his court files (i.e., through a showing similar required in
28 U.S.C. § 1915(a)(2) which includes a certified copy of the prisoner’s
account for the previous six-month period prior to filing), and (3) that the
documents requested are necessary for the preparation of some specific
non-frivolous court action.

See United States v. Wilkinson, 618 F.2d

1215, 1218-19 (7th Cir. 1980); Rush v. United States, 559 F.2d 455, 459

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(7th Cir. 1977).

These minimal requirements do not impose any

substantial burden to financially unable prisoners who desire their records
be sent to them at government expense.
Here, defendant’s letter/motion is clearly insufficient.

While the

Court is satisfied that Clarke is indigent, his motion is silent as to whether
he has exhausted his other sources – his previous attorneys - for obtaining
the court documents he seeks.

Accordingly, the Court DENIES as this

time Clarke’s motion for copies of transcripts (Doc. 5).
IT IS SO ORDERED.
Signed this 13th day of May, 2013.

Digitally signed by
David R. Herndon
Date: 2013.05.13
13:29:23 -05'00'
Chief Judge
United States District Court

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