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Robinson v. Owens

United States District Court, D. South Carolina, Florence Division
Jun 19, 2008
C.A. No. 4:07-3118-HMH (D.S.C. Jun. 19, 2008)

Opinion

C.A. No. 4:07-3118-HMH.

June 19, 2008


OPINION ORDER


This matter is before the court on Zikiteran D. Robinson's ("Robinson") pro se request for state sentencing transcripts, as well as federal investigation, arrest, and pre-sentence investigation reports. Pro se motions are liberally construed and are held to a less stringent standard than those drafted by attorneys. See Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir. 1978). This court has construed Robinson's motion as one requesting the production of the above-referenced records at the Government's expense. However, even though the court has applied a less stringent standard of review, Robinson's request cannot be granted. A prisoner who requests free copies of records in his or her criminal case, whether it is a state or federal case, must show a particularized need for such records. Jones v. Superintendent, Virginia State Farm, 460 F.2d 150, 152-53 (4th Cir. 1972); Morin v. United States, 522 F.2d 8, 9 (4th Cir. 1975) (applying Jones to federal prisoner). Robinson has not shown a particularized need for the records requested. Accordingly, Robinson's motion for a copy of the above-referenced records at the Government's expense is denied. Robinson may obtain a copy of the requested records at his own expense, if he so desires.

It is therefore

ORDERED that Robinson's motion for records relating to his arrest, conviction, and sentencing, docket number 35, is denied.

IT IS SO ORDERED.

NOTICE OF RIGHT TO APPEAL

The Movant is hereby notified that he has the right to appeal this order within sixty (60) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.


Summaries of

Robinson v. Owens

United States District Court, D. South Carolina, Florence Division
Jun 19, 2008
C.A. No. 4:07-3118-HMH (D.S.C. Jun. 19, 2008)
Case details for

Robinson v. Owens

Case Details

Full title:Zikiteran D. Robinson, #10778-035, Movant, v. J. Owens, Warden…

Court:United States District Court, D. South Carolina, Florence Division

Date published: Jun 19, 2008

Citations

C.A. No. 4:07-3118-HMH (D.S.C. Jun. 19, 2008)