Chapman v. USA

Filing 42

MEMORANDUM AND ORDER, denying 41 MOTION for Evidentiary Hearing Transcripts filed by Rondale Lee Chapman. Signed by Judge J. Phil Gilbert on 9/16/2014. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RONDALE LEE CHAPMAN,
Petitioner,
v.

Civil No. 13-cv-384-JPG

UNITED STATES OF AMERICA,

Criminal No 11-cr-40031-JPG

Respondent.
MEMORANDUM AND ORDER
This matter comes before the Court on petitioner Rondale Lee Chapman’s motion for a
copy of the transcript of the February 6, 2014, hearing on his motion under 28 U.S.C. § 2255 (Doc.
41). Chapman says he needs the transcript to request a certificate of appealability from the Court
of Appeals because he was not at the hearing. In fact, Chapman was present by telephone for the
entire hearing and even testified as a witness.
In order to receive transcripts at Government expense, the Court must certify that Chapman
is indigent, that his appeal of this case is not frivolous, and that he needs the transcript to decide the
issue on appeal. See 28 U.S.C. § 753(f). Chapman has not supplied evidence of his indigency.
Furthermore, the Court believes he does not need the transcript of the February 6, 2014, hearing to
seek a certificate of appealability from the Court of Appeals because he was present for the hearing
and has written orders reflecting the Court’s rulings on his motion. This should be all that is
necessary to request a certificate of appealability from the Court of Appeals. For these reasons,
the Court DENIES the motion (Doc. 41) with leave to reapply should the Court of Appeals grant a
certificate of appealability. Any future request for transcripts at Government expense should be
accompanied by a showing of indigency, including a statement of Chapman’s inmate trust fund
transaction/balances for the past six months.
IT IS SO ORDERED.
DATED: September 16, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE