United States v. Lewis, 4:04-cr-00124

Elliott Arnold Lewis pleaded guilty and was convicted of attempted bank robbery and commercial business robbery; judgment entered November 2004; no appeal was filed.
Lewis filed a motion requesting copies of court records to "show that he has been placed under the Double Jeopardy Provision," apparently in support of a § 2255 collateral challenge.
He also submitted a form seeking to proceed in forma pauperis (IFP) to obtain transcripts.
The court denied Lewis's request for publicly funded transcripts and dismissed the IFP filing as moot.
The court relied on the rule that there is no automatic entitlement to free transcripts in § 2255 proceedings and that transcripts at public expense require certification under 28 U.S.C. § 753(f); the court also noted the § 2255 one-year limitation and directed Lewis to obtain copies from the Clerk or via PACER for a fee.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to free transcripts for collateral § 2255 litigation	Lewis seeks transcripts to support a double‑jeopardy/§ 2255 claim	No automatic right; transcripts only if judge certifies proceeding is not frivolous and transcript is needed under § 753(f)	Denied — no public‑expense transcripts; certification not made; MacCollom controls
Motion to proceed in forma pauperis to obtain transcripts	Lewis requested IFP to cover transcript costs	IFP is unnecessary if no entitlement to free transcripts; copies can be purchased	Dismissed as moot

United States v. MacCollom, 426 U.S. 317 (1976) (no automatic right to publicly funded transcripts in § 2255 collateral proceedings; transcripts may be provided only if judge certifies the suit is not frivolous and the transcript is needed)