Ramirez-Lucio v. United States of America

Filing 8

ORDER denying 7 Petitioner's Motion for Court Record, signed by Judge Ronald B. Leighton.(DN) Modified on 8/2/2013 (DN). (cc to petitioner)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JESUS RAMIREZ-LUCIO,

CASE NO. 13-5118 RBL

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Petitioner,
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v.

ORDER DENYING MOTION FOR
COURT RECORD
[DKT. #7]

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UNITED STATES OF AMERICA,
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Respondent.
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THIS MATTER is before the Court on petitioner’s Motion for a Copy of the Court

15 Record from his case, USA v. Ramirez-Lucio et al., Case No. 11-5295 RBL. [Dkt. #7]. Petitioner
16 argues that he needs a copy of the court record in order to file his amended 28 U.S.C § 2255
17 motion claiming ineffective assistance of counsel. Id. Because prisoners asserting a § 2255
18 claim do not have an absolute right to a free court record, the Motion is DENIED.
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These documents are available through the Clerk’s office for a fee. In the event that Mr.

20 Ramirez is unable to pay a fee, he may be able to avoid the usual costs of copying transcripts
21 pursuant to 28 U.S.C. § 735(f) upon the requisite showing. “The district court has the power to
22 order a free transcript furnished if it finds that the ‘suit … is not frivolous and that the transcript
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ORDER DENYING MOTION FOR COURT
RECORD - 1

1 is needed to decide the issue presented ….’” 28 U.S.C. § 753(f); U.S. v. MacCollom, 426 U.S.
2 317 (1976).
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Petitioner’s Motion [Dkt. #7] is DENIED.

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IT IS SO ORDERED.

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Dated this 2nd day of August, 2013.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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[DKT. #7] - 2