474 F.2d 1049 - United States v. Herrera — 474 F.2d 1049

How this case has been cited

Cited by 12 later decisions (1 by the Supreme Court) — most recently July 2020

5 federal appellate · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Jay Herrera, pro se.

¶2•Anthony J. P. Farris, U. S. Atty., Houston, Tex., for plaintiff-appellee.

¶3Before GEWIN, COLEMAN and MORGAN, Circuit Judges.

¶4PER CURIAM:

¶5The United States moves to have the appeal dismissed pursuant to Local Rule 20.1 We grant the motion and dismiss the appeal.2

¶6Appellant filed a motion in the district court seeking to obtain a copy of his trial transcript in order to examine it to prepare an attack on his conviction collaterally. The district court denied the motion on grounds that the transcript is not available for a “fishing expedition.” This appeal followed.

¶7This Court has consistently held that a federal prisoner is not entitled to obtain copies of court records at the government’s expense to search for possible defects merely because he is an indigent. Cowan v. United States, 5th Cir. 1971, 445 F.2d 855; Brown v. United States, 5th Cir. 1971, 438 F.2d 1385; Bennett v. United States, 5th Cir. 1971, 437 F.2d *10501210; Skinner v. United States, 5th Cir. 1970, 434 F.2d 1036. Therefore, the appeal is hereby dismissed.

¶8Appeal dismissed