United States v. McCloskey, 4:18-cr-00260

Defendant Rodney Rose pled guilty to conspiracy to distribute methamphetamine and was sentenced (Judgment filed).
Rose moved in the closed criminal case for copies of court records (docket sheet, indictment, sentencing transcripts, judgment, and other documents) to prepare a habeas petition, though he had not filed a §2255 motion.
He requested the documents citing the Criminal Justice Act (18 U.S.C. §3006A).
The Magistrate Judge noted there is no entitlement to a free transcript in collateral §2255 proceedings and explained the statutory standard for transcripts at public expense under 28 U.S.C. §753(f).
Because Rose did not file a §2255 motion or identify grounds showing his collateral suit is non-frivolous and that transcripts are needed, the court denied his request.
The opinion directs Rose to obtain copies from the Clerk (reproduction fee $0.50 per page) or via PACER (electronic access fees and caps apply).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to free transcripts/documents to prepare a habeas (§2255) motion	Rose seeks court records and sentencing transcripts to prepare a habeas petition	No free transcript absent a filed §2255 showing the collateral suit is non-frivolous and that a transcript is needed under §753(f)	Denied: no §2255 filed; Rose failed to show non-frivolousness or need; §753(f) prerequisites unmet
Applicability of the Criminal Justice Act (18 U.S.C. §3006A) to collateral transcript requests	Rose invoked §3006A to obtain records/transcripts	§3006A does not apply to collateral challenges; §753 governs payment for transcripts for §2255 proceedings	Denied: CJA does not support collateral transcript requests; §753 controls payment for transcripts

United States v. MacCollom, 426 U.S. 317 (1976) (no right to a free transcript at public expense in collateral §2255 proceedings; transcripts may be provided only if the judge certifies the suit is not frivolous and the transcript is needed under §753(f)).