United States v. Stokes ( 2000 )

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.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 3:95-CR-72-3-B
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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that this opinion should not be published and is not precedent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
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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.