United States District Court, S.D. Mississippi, Southern Division
ORDER DENYING MOTION FOR DOCUMENTS WITHOUT
Guirola, Jr., Chief United States District Judge
THE COURT is the Motion [17, 299] for Documents
without Costs filed by the petitioner Anthony Shane Jeffers.
After reviewing the Motion, the record in this matter, and
the applicable law, the Court finds that the Motion should be
was one of seven defendants charged in this criminal
conspiracy action. The Indictment states that “[i]t was
the object of the conspiracy for the defendants . . ., and
others, to unlawfully enrich themselves by conducting
multiple complex financial fraud schemes via the internet,
U.S. mail and various express package delivery
services.” (Indictment 5 (¶39), ECF No. 17). On
the day that trial was set to begin in April 2016, Jeffers
agreed to plead guilty to conspiracy to commit identify theft
and theft of government funds pursuant to a written plea
agreement with the Government. He also agreed to waive his
right to appeal his sentence or to attack his sentence
collaterally under § 2255. (See Plea Agreement,
ECF No. 188). He was thereafter sentenced in September 2016
to 120 months' imprisonment.
filed a Motion  asking the Court to Compel his former
attorney to provide his case file to Jeffers. This Court
entered an Order  denying the Motion because:
[T]he only ineffective assistance of counsel
claim [Jeffers] could possibly have is one that his
lawyer's ineffective assistance directly affected the
validity of waiver or the plea itself. Jeffers has not
identified anything in his “case file” that he
needs to make this showing, and it is unclear to the Court
what, if anything, in that file would be relevant to this
(Order at 3, ECF No. 293). The Court also cautioned Jeffers
that any future Motion requesting the case file “must
include specific facts pertaining to the alleged ineffective
assistance and an explanation of what he believes he needs
from the case file to prove that claim.” (Id.)
September 29, 2017, Jeffers filed a Motion under 28 U.S.C.
§ 2255 to Vacate, Set Aside, or Correct Sentence
alleging ineffective assistance of counsel and actual
innocence. Jeffers' former attorney filed an affidavit in
opposition to the Motion on October 4, 2017. The
Government's response is due on November 3, 2017.
present Motion, Jeffers discusses his attempts to obtain his
case file from his former attorney and he asks the Court to
provide him with “the documents on file that pertain to
his representation by Court appointed attorney Melvin G.
Cooper, Esq. in the above referenced case” as well as
the transcripts from the change of plea and sentencing
hearings and the “release of the Department of Homeland
Security Report of Investigation.” (Mot. at 1, ECF No.
indigent prisoner is entitled to a free transcript if he is
asserting a claim under Section 2255 and a judge certifies
that the transcript is needed to decide the decision. 28
U.S.C. § 753(f).
If on any application for a writ of habeas corpus an order
has been made permitting the petitioner to prosecute the
application in forma pauperis, the clerk of any court of the
United States shall furnish to the petitioner without cost
certified copies of such documents or parts of the record on
file in his office as may be required by order of the judge
before whom the application is pending.
28 U.S.C. § 2250.
“[a] federal prisoner is “not entitled to free
copies of his trial records solely because he is indigent or
because he desires to prepare a petition seeking collateral
relief.” United States v. Watson, 61 Fed.Appx.
919, *1 (5th Cir. 2003). Free copies of records will not be
provided so that a prisoner can conduct “fishing
expeditions to locate possible errors.” Id.
Thus, a ...