Free Order on Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:02-cr-00202-CFD

Document 39

Filed 11/20/2006

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA

v.

MICHAEL MASLAR Defendant,

: : : : : : : : :

No. 3:02-CR-202 (CFD)

ORDER

The Clerk is order to docket the attached correspondence and to forward a copy of it and of this order to the defendant's brother Bruce Maslar at 189 David Road, Durham, CT 06422. The Clerk is also ordered to provide the defendant with a copy of his docket sheet. Maslar's letter is interpreted as a motion for copies in forma pauperis pursuant to Section 753(f). Section 753(f) provides in relevant part: Fees for transcripts furnished in proceedings brought under section 2255 of this title to persons permitted to sue or appeal in forma pauperis shall be paid by the United States out of money appropriated for that purpose if the trial judge or a circuit judge certifies that the suit or appeal is not frivolous and that the transcript is needed to decide the issue presented by the suit or appeal. 28 U.S.C. § 753(f) (1994). However, Maslar has yet to file a § 2255 motion challenging his conviction or sentence and thus his motion for a free transcript pursuant to § 753(f) is not ripe. United States v. Horvath, 157 F.3d 131, 133 (2d Cir. 1998). Accordingly Maslar's motion is denied without prejudice to his requesting the documents from the Clerks' office and paying the appropriate copying fee or to a renewed motion for documents in forma pauperis after his 2255 motion is

Case 3:02-cr-00202-CFD

Document 39

Filed 11/20/2006

Page 2 of 2

filed. Maslar may also contact Attorney Terence Ward and request a copy of his indictment and plea agreement.

SO ORDERED this 20th

day of November, 2006 at Hartford, Connecticut.

/s/ CFD CHRISTOPHER F. DRONEY UNITED STATES DISTRICT JUDGE