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United States of America v. Damon W. Skaggs

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


April 27, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DAMON W. SKAGGS, DEFENDANT.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on Defendant Damon Skaggs' pro se Motion to Obtain Copy of Presentence Investigation Report ("PSR") (Doc. 390). Skaggs does not specify whether he seeks a free copy of his PSR or whether he will be paying for a copy.

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/or 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 six-month period prior to filing); and 3) that the documents requested are necessary for the preparation of 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.

Here, Skaggs has not attempted to make any of these necessary showings. Accordingly, the Court DENIES the instant motion (Doc. 390) insofar as Skaggs requests a complimentary copy of his PSR. To the extent Skaggs wishes to pay for a copy, the Court DIRECTS the Clerk of Court to inform him how much a copy of his PSR will cost; that said, Skaggs likely is not entitled to possess a copy of his PSR because it is a sealed, highly confidential filing and because of the policies of the Court and the Bureau of Prisons.

The Court DIRECTS the Clerk of Court to mail a copy of this memorandum and order to Damon Skaggs, Register No. 06249-025, FCI Oxford, Federal Correctional Institution, P.O. Box 1000, Oxford, WI 53952.

IT IS SO ORDERED.

J. Phil Gilbert

20110427

© 1992-2011 VersusLaw Inc.



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