United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 20, 2003
Charles R. Fulbruge III
Clerk
No. 03-40017
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS RESENDEZ PAZ, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-99-CR-57-2
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Before JONES, WIENER, and BENAVIDES, Circuit Judges
BY THE COURT:
Jesus Resendez Paz, Jr. (“Resendez”), federal prisoner
# 55494-079, has filed an appeal from the district court’s denial
of his motion for transcripts at the government’s expense.
Resendez moves in this court for transcripts and for the
appointment of counsel.
Because Resendez does not have a 28 U.S.C. § 2255 motion, or
any other action, pending in the district court, he is not
entitled to transcripts or to appointed counsel. See Walker v.
United States, 424 F.2d 278, 278-279 (5th Cir. 1970); Harless v.
United States, 329 F.2d 397, 398-399 (5th Cir. 1964). For the
same reasons, Resendez’s appeal of the district court’s denial of
No. 03-40017
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transcripts is without an arguable basis and is frivolous. See
5TH CIR. R. 42.2; Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983). Under Fifth Circuit Rule 42.2, an appeal will be
dismissed if it appears to the court, upon hearing of "any
interlocutory motion," that the appeal is frivolous and entirely
without merit. 5TH CIR. R. 42.2. Accordingly, the appeal is
DISMISSED.
MOTIONS DENIED; APPEAL DISMISSED.