Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

United States of America v. Jedene R. Rooks

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 25, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JEDENE R. ROOKS,
DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge:

MEMORANDUM and ORDER

Now before the Court is Rook's motion for copy of docket sheet (Doc. 155). Based on the following, the Court denies the motion.

In order to obtain documents free of charge Rooks must demonstrate: (1) that he has exhausted all means of access to his files (i.e. through his trial and appellate counsel), (2) that he is financially unable to secure access to his court files (i.e., through a showing similar required in 28 U.S.C. § 1915(a)(2) which includes a certified copy of the prisoner's account for the previous 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). Bald allegations that he needs the documents will not do. Moreover, case law indicates that Rooks must first file the 2255 action in order to obtain the documents. See United States v. Horvath, 157 F.3d 131, 132-33 (2nd Cir. 1998)(collecting cases).

Accordingly, the Court DENIES Rook's motion for docket sheet (Doc. 155). IT IS SO ORDERED.

David R.Herndon Chief Judge United States District Court

20120725

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.