USA v. Rodriguez Santini et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiffs,
vs.
ARNALDO L. RODRIGUEZ SANTINI,
Defendants.
4:22CR3153
ORDER
This matter is before the Court on the defendant’s pro se motion
requesting the 	court 	provide 	him 	with 	a 	copy 	of 	certain 	documents 	and
transcripts free of charge. Filing No. 150. Defendant was sentenced and a
judgment was entered on January 10, 2025. Filing No. 136. The time to file
an appeal has expired. Other than Defendant’s current motion for free copies,
there are no pending motions or appeals in this matter, and the defendant
makes no showing as to why he needs these transcripts and copies.
Regarding the transcript requests, an indigent defendant bringing a
post-conviction proceeding under 28 U.S.C. § 2255 may have a transcript
prepared at the government’s expense, if the suit is not frivolous and the
transcript is needed to decide the issue presented. 28 U.S.C. § 753. But any
request for a free transcript prior to the filing of a § 2255 motion is premature.
Chapman v. United States, 55 F.3d 390, 390-91 (8th Cir. 1995). The defendant
has not met the required criteria.
With regard to the requested copies, an individual does not have the right to
receive copies of documents without payment, even if they are indigent. See 28
U.S.C. 1915; Lewis v. Precision Optics, Inc., 612 F.2d 1074, 1075 (8 th Cir. 1980).
Neither statutory authority nor this Court’s practice requires the provision of free
copies of court records to the defendant under these circumstances. Therefore,
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the court is not inclined to order a copy of the requested court documents at the
government’s expense. The defendant may pay for the requested copies at the
established rate of 50 cents per page. Accordingly,
IT IS ORDERED:
1. Defendant’s motion for free copies, Filing No. 150, is denied.
2. The Clerk of Court is directed to mail a copy of this order to the Defendant
at his last known address.
Dated this 16th day of January, 2026.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
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