United States District Court, E.D. Virginia, Newport News Division
February 20, 2014
PHILLIP BRYANT, Petitioner
UNITED STATES OF AMERICA, Respondent.
OPINION AND ORDER
ROBERT G. DOUMAR, Senior District Judge.
This matter comes before the Court upon Phillip Bryant's ("Petitioner") Motion for Transcript. ECF No. 58. For the reasons set forth herein, the Court DENIES Petitioner's Motion.
On January 29, 2013, Petitioner pled guilty before the undersigned to three counts of Murder in Aid of Racketeering Activity in violation of 18 U.S.C. § 1959(a)(1). The Court sentenced Petitioner to three concurrent life sentences, five years supervised release, a total special assessment of $300.00, and $1, 257.00 in restitution on May 7, 2013.
Petitioner vaguely references "a number of Surpreme [sic] Court desisicions [sic] which appear to Provide Petitioner with a credible claim on § 2255." Therefore, he requests the certified transcript of his sentencing hearing so that he "May Meaningfully Prepare his motion under § 2255." Petitioner is not entitled to that transcript.
Longstanding precedents hold that aprisoner seeking free copies of records in a criminal case must show a particularized need for such records. See, eg., Jones v. Superintendent, Virginia State Farm , 460 F.2d 150, 152-53 (4th Cir. 1972), cert. denied 410 U.S. 944 (1973); United States v. Glass , 317 F.2d 200, 202 (4th Cir. 1963) ("An indigent is not entitled to a transcript at government expense without a showing ofneed, merely to comb the record in the hope of discovering some flaw."). Petitioner's desire to meaningfully prepare a28 U.S.C. § 2255 Motion fails to satisfy that burden.
For the foregoing reasons, the Court DENIES Petitioner's Motion for Transcript. ECF No. 58.
The Clerk is DIRECTED to forward a copy of this Order to all Counsel of Record.
IT IS SO ORDERED.