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upholding the district court's denial of a request for copies of court records where the defendant did not have a § 2255 petition pending
Summary of this case from United States v. WilliamsOpinion
No. 06-20928 Summary Calendar.
September 6, 2007.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
Olufemi Kayode Agbomire, Bastrop, TX, pro se.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:04-CR-411-1.
Before HIGGINBOTHAM, STEWART, and OWEN, Circuit Judges.
Olufemi Kayode Agbomire pleaded guilty to conspiracy to commit bank fraud in violation of 18 U.S.C. § 371. Agbomire appeals the district court's denial of his motion for court documents at government expense under 28 U.S.C. § 2250. Under § 2250, an indigent petitioner is entitled to court documents at no cost as long as he has filed a request for relief under 28 U.S.C. § 2255. Walker v. United States, 424 F.2d 278, 278-79 (5th Cir. 1970). When Agbomire filed his motion for court documents with the district court, he did not have a § 2255 motion pending before the district court. Accordingly, the district court did not err in denying Agbomire's motion. The appeal is dismissed as frivolous. 5TH CIR. R. 42.2. We caution Agbomire that filing frivolous appeals may be sanctioned. United States v. Gaitan 171 F.3d 222, 223 (5th Cir. 1999).
Agbomire's motion for transcripts at government expense is denied. Agbomire's motion to supplement the record on appeal is also denied.
APPEAL DISMISSED; SANCTION WARNING ISSUED; MOTIONS DENIED.