Summary
holding that although prisoner was proceeding in forma pauperis and was indigent, prisoner "has not filed a habeas petition, and therefore is not entitled to copies of his trial transcript at government expense"
Summary of this case from Torres v. RyanOpinion
No. 89-35411.
The panel finds this case appropriate for submission without oral argument pursuant to Ninth Circuit Rule 34-4 and Fed. R. App. P. 34(a).
Decided June 12, 1990.
Bill Patrick Connors, Sr., Duluth, Minn., in pro per.
Carl E. Rostad, Asst. U.S. Atty., Great Falls, Mont., for Plaintiff-appellee.
Appeal from the United States District Court for the District of Montana.
Before WALLACE, HALL and WIGGINS, Circuit Judges.
Bill Patrick Connors appeals the district court's denial of his second motion to provide a copy of the trial transcript at government expense. We affirm.
A prisoner proceeding in forma pauperis on a habeas corpus petition is entitled to receive at government expense copies of court documents. 28 U.S.C. § 2250 (1982). Although Connors is indigent, he has not filed a habeas petition, and therefore is not entitled to copies of his trial transcript at government expense until he does so. See Walker v. United States, 424 F.2d 278, 278-79 (5th Cir. 1970).
AFFIRMED.