White v. Mississippi Department of Corrections et al

Filing 76

ORDER denying 73 Motion for copy of trial transcript at government expense. Signed by Magistrate Judge Michael T. Parker on March 31, 2009. (KM)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI HATTIESBURG DIVISION TOMMY WHITE VS. RONALD KING, et al. ORDER THIS MATTER is before the court on the letter filed by Plaintiff, which the court liberally construes as a motion for a copy of his trial transcript at government expense [73]. Having considered the motion and the applicable law, the court finds that the motion should be denied. In his motion [73], Plaintiff requests a free copy of the transcript from his trial that took place on March 11, 2009, to be used in connection with his appeal. See Notice of Appeal [71]. An indigent prisoner does not have a constitutional right to free copies of transcripts of court proceedings in order search for possible defects. See United States v. Herrera, 474 F.2d 1049, 1049 (1973); Wright v. Curry, 122 Fed. Appx. 724, No. 04-10304, 2004 WL 2977437, at *1 (5th Cir. Dec. 17, 1994). Plaintiff has failed to specify any particular need for a trial transcript to prosecute his appeal, nor has he presented a substantial question for disposition; accordingly, the motion must be denied. See 28 U.S.C. § 753(f); Harvey v. Andrist, 754 F.2d 569, 571 (5th Cir. 1985). IT IS, THEREFORE, ORDERED that Plaintiff's motion for a free copy of his trial transcript [73] is DENIED. SO ORDERED this the 31st day of March, 2009. s/ Michael T. Parker United States Magistrate Judge PLAINTIFF CIVIL ACTION NO. 2:07cv305-MTP DEFENDANTS