United States District Court, E.D. Louisiana
ABRY L. WHITE
THE 34TH JDC JUDGE ROBERT A. BUCKLEY, ET AL.
REPORT AND RECOMMENDATION
MICHAEL B. NORTH UNITED STATES MAGISTRATE JUDGE
U.S.C. §1983 proceeding was filed in forma
pauperis (“IFP”) by pro se
Plaintiff, Abry L. White, against Defendants, Judge Robert A.
Buckley and Clerk Randy Nunez of the Thirty-Fourth Judicial
District Court for the Parish of St. Bernard, State of
Louisiana. (Rec. doc. 4, pp. 1, 5).
is an inmate of the Elayn Hunt Correctional Center in St.
Gabriel, Louisiana who is serving a 25-year sentence
following his conviction for forcible rape on May 27, 2017.
As his statement of claim herein, Plaintiff alleges as
1. I want 3 True Copies of my Court Transcripts for No.
2. I want 5 True Copies of my Court Minutes for No. 13-08492
3. I want 5 True Copies of my Waiver of Constitutional Rights
Plea Bargain Agreement . . For No. 13-08492
(The 34th JDC will not send me these requested items through
the mail for No. 13-08492)
My claim is that I have the right to these legal documents
for legal purposes free of charge.
(Rec. doc. 4, p. 5).
prayer for relief, Plaintiff seeks a court order directing
Judge Buckley and Clerk of Court Nunez to provide him with
the court records that he seeks via certified mail. (Rec.
doc. 4, p. 6). He also requests court-appointed counsel to
minimize the possibility of this matter being dismissed as
frivolous, malicious, or failure to state a claim as he
“ha[s] other suits to file.”
noted earlier, Plaintiff has instituted suit herein IFP
pursuant to 28 U.S.C. §1915. (Rec. doc. 6). A proceeding
brought IFP may be dismissed as frivolous under
§1915(e)(2)(B)(i) if the claim alleged therein has no
arguable basis of law or fact, Booker v. Koonce, 2
F.3d 114 (5th Cir. 1993), or if it fails to state a claim
upon which relief can be granted. 28 U.S.C.
§1915(e)(2)(B)(ii); see also 28 U.S.C.
§1915A(b), 42 U.S.C. §1997e(c). Giving the instant
complaint a liberal reading, it is the recommendation of the
undersigned Magistrate Judge that this matter be dismissed as
frivolous and for failing to state a claim upon which relief
can be granted.
prisoner is not entitled to a free copy of his state trial
transcript and record to search for possible error upon which
to base a petition for collateral relief in the future merely
because he is indigent. Bonner v. Henderson, 517
F.2d 135, 136 (5th Cir. 1975); United States
v. Herrera, 474 F.2d 1049, 1049-50 (5th Cir.), cert.
denied, 414 U.S. 861, 94 S.Ct. 77 (1973); Colbert v.
Beto, 439 F.2d 1130, 1131 (5th Cir. 1971);
Bennett v. United States, 437 F.2d 1210, 1211
(5th Cir. 1971); Walker v. United States,
424 F.2d 278, 278-79 (5th Cir. 1970). Rather, the
burden is on the prisoner to demonstrate that the requested
records are needed to resolve a real, specific issue or that
there is a particularized need for the documents. See
United States v. MacCollom, 426 U.S. 317, 326-27, 96
S.Ct. 2086, 2092-93 (1976); Moore v. Wainwright, 633
F.2d 406, 408-10 (5th Cir. 1980); Route v.
Blackburn, 498 F.Supp. 875, 877 (W.D. La. 1980).
blanket request for a free copy of various documents that
were generated in his state criminal case fails to establish
a particularized need for those documents. Moreover, aside
from his request for court-appointed counsel, a request the
Court views as unwarranted given the meritless nature of his
allegations, Potts v. Texas, 354 Fed.Appx. 70, 71
(5th Cir. 2009), the relief that Plaintiff seeks in the
instant matter is in the nature of mandamus. On that score,
the law is clear that federal courts possess no general
mandamus powers to direct state courts and their judicial
officers in the performance of their duties where mandamus is
the only relief sought. See Page v. Bacarisse, 80
Fed.Appx. 299 (5th Cir. 2003); Santee v. Quinlan,
115 F.3d 355, 357 (5th Cir. 1997); Russell v.
Knight, 488 F.2d 96 (5thCir. 1973); Moye
v. Clerk, Dekalb County Superior Court, 474 F.2d 1275
(5th Cir. 1973); Lamar v. 118th Judicial
District of Texas, 44 ...