Opinion
Case No. 14-cv-40048-JPG-02
03-17-2021
UNITED STATES OF AMERICA, Plaintiff, v. SETH T. CONWAY, Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on a letter received from defendant Seth T. Conway requesting free copies of various documents in his case (Doc. 132). Defendants have no constitutional right to a complimentary copy of any document in their court files. See United States v. Groce, 838 F. Supp. 411, 413, 414 (E.D. Wis. 1993). Before providing copies free of charge, a district court may require the requestor to show: (1) that he has exhausted all other means of access to his files (i.e., through his trial and appellate counsel), (2) that he is financially unable to secure access to his court files (i.e., through a showing similar to that required in 28 U.S.C. § 1915(a)(2) which includes a certified copy of the prisoner's trust account for the previous six-month period prior to filing), and (3) that the documents requested are necessary for some specific non-frivolous court action. See United States v. Wilkinson, 618 F.2d 1215, 1218-19 (7th Cir. 1980); Rush v. United States, 559 F.2d 455, 459 (7th Cir. 1977); Groce, 838 F. Supp. at 413-14. These minimal requirements do not impose any substantial burden to financially unable prisoners who desire their records be sent to them at government expense. Conway has not done any of these things. Accordingly, the Court DENIES his motion (Doc. 132) without prejudice to a motion making the appropriate showing. IT IS SO ORDERED.
DATED: March 17, 2021
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE