Opinion
No. 4:05CR00166-01.
April 1, 2008
ORDER
Pending are the Petitioner's motion for transcript and for waiver of service. (Docket #'s 49 and 50). Although the Court has the power to order a free transcript to be furnished to an indigent, the Court must first find that the suit is not frivolous and that the transcript is needed to decide the issues presented. United States v. MacCollom, 426 U.S. 317, 325 (1976). Petitioner has not filed a petition for collateral relief under 28 U.S.C. § 2255 or stated a particularized need for the transcript. See United States v. Lewis, 605 F. 2d 379 (8th Cir. 1979). Accordingly, the motion for a transcript is denied. Petitioner's motion for waiver of service is granted.
IT IS SO ORDERED.