United States v. Stokes

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-60560 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CLIFF STOKES, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:95-CR-72-3-B - - - - - - - - - - October 18, 2000 Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Cliff Stokes appeals from the district court’s denial of his motions for production of a transcript at government expense, for copies of all records regarding his case at government expense, and for leave to proceed in forma pauperis (“IFP”). Even if it is assumed that Stokes was indigent, he was not entitled to production of a transcript and copies of all court records regarding his case at government expense in order to search for possible defects. See Walker v. United States, 424 F.2d 278, 278-79 (5th Cir. 1970). Furthermore, because there was no action * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 99-60560 -2- or appeal pending, the district court could not have granted his motion to proceed IFP. See 28 U.S.C. § 1915(a). Accordingly, the instant appeal is DISMISSED AS FRIVOLOUS and Stokes’s request for appointment of counsel is DENIED. See 5TH CIR. R. 42.2.