Scheels v. United States
6:17-cv-01850
M.D. Fla.Jan 16, 2018Background
- Petitioner Douglas Scheels, a federal inmate, filed a 28 U.S.C. § 2255 Motion to Vacate and sought in forma pauperis status and copies of his complete criminal docket.
- Court granted Scheels leave to proceed in forma pauperis after review of his inmate trust account, which showed he lacked $25 at filing.
- Scheels moved for copies of all documents from his criminal case; he did not identify specific items or explain their necessity for resolving his § 2255 claims.
- The court applied precedent and local rules limiting free provision of records/transcripts to indigent habeas petitioners only when a particularized need is shown and the court has authorized such expense.
- The court denied the request for the complete docket as Scheels failed to show why specific records (e.g., plea or sentencing transcript) were necessary.
- The court denied the original § 2255 motion as moot, directed the Government to file a response to Scheels’ Amended § 2255 within 90 days, and set detailed requirements for that response (procedural history, appeal-waiver, transcripts/summaries, appellate filings, timeliness, and recusals). It also ordered mailing and address-notice requirements for Scheels.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to in forma pauperis status and fee assessment | Scheels sought IFP status to proceed without prepaying filing fees | Government relied on local rules requiring payment if balance ≥ $25 and limits of IFP relief | Court granted IFP because Scheels lacked $25 at filing; local rule obligations noted |
| Request for free copies of complete criminal docket | Scheels asked for all documents from his criminal case without specifying need | Gov't/bench relied on Walker and local rules: copies/transcripts at gov't expense require particularized need and court authorization | Denied — petitioner failed to show a particularized need for documents/transcripts |
| Treatment of original § 2255 vs amended motion | Scheels filed initial § 2255 then an amended motion | N/A (procedural) | Original motion denied as moot; amended motion accepted for review; Government ordered to respond within 90 days with specific items |
| Government’s obligations in responding to amended § 2255 | Scheels seeks relief on merits without specifics here | Court required Government to detail prior remedies, appeal waivers, provide transcripts/summaries, appellate materials, timeliness analysis, and recusal info | Court ordered these requirements and directed ongoing duties (service and address notices) |
Key Cases Cited
- Walker v. United States, 424 F.2d 278 (5th Cir. 1970) (indigent habeas petitioners are entitled to copies without cost only when IFP leave is granted and petition is pending; no entitlement for general error hunting)
- Mills v. United States, 36 F.3d 1052 (11th Cir. 1994) (procedural-default principles regarding claims not raised on direct appeal)
- Cross v. United States, 893 F.2d 1287 (11th Cir. 1990) (procedural-default guidance on appellate litigation and collateral review)
- United States v. Rowan, 663 F.2d 1034 (11th Cir. 1981) (relitigation bar for claims previously raised and disposed of on direct appeal)
