United States District Court, D. Minnesota
M. Hollenhorst, Assistant United States Attorney, for
Omari Deangelo Carmichael, pro se defendant.
R. TUNHEIM CHIEF JUDGE
November 4, 2004, Kenja Carmichael was indicted for
conspiring to distribute cocaine. (Indictment, Nov. 4, 2004,
Docket No. 12.) He pleaded guilty and was sentenced by the
Court on October 24, 2005. (Sentencing J., Oct 24, 2005,
Docket No. 30.) In 2010 and 2013, the Court held various
proceedings regarding violations of the conditions of his
supervised release. Many of these proceedings dealt with
whether he was competent to stand trial or to understand the
allegations that he violated his supervised release. On
January 29, 2013, the Court found Carmichael competent to
respond to the allegations of violations of his supervised
release and held a hearing regarding those violations.
(Order, Jan. 29, 2013, Docket No. 77.) At the hearing
Carmichael admitted to committing violations in 2010.
(Id.) However, the Court granted Carmichael credit
for time served and released him from any future conditions
of supervised release, ending his case with the Court.
October 29, 2018, he filed the present Motion with the Court
to obtain transcripts relevant to the 2010 and 2013 hearings.
(Pl.'s Mot. for Tr., Oct. 29, 2018, Docket No. 79.)
Carmichael requests that the Court provide the transcripts at
no cost to him. (Id. at 1.) Carmichael requests
these transcripts because he plans to file an 18 U.S.C.
§ 2441 Petition for Habeas Corpus in the Western
District of Missouri. (Mot. Showing Probable Cause at 4, Nov.
11, 2018, Docket No. 80.) Currently, Carmichael is confined
in the Springfield Federal Medical Center in Missouri,
pursuant to psychological evaluation ordered in a separate
criminal case in this District. (See Criminal No.
14-045, Order Directing BOP to Conduct Assessment, June 11,
2015, Docket No. 40.) Carmichael intends to challenge his
civil commitment using the § 2441 petition. (Am. Mot.,
Nov. 26, 2018, Docket No. 81.)
unclear under what specific authority Carmichael requests the
free transcripts here. Regardless, Carmichael has not shown
adequate need for them. “There is no statutory
authority under 28 U.S.C.A. § 1915, 28 U.S.C.A. §
753, or elsewhere, allowing the expenditure of government
funds as an aid to impecunious persons exploring the
possibility of post conviction remedies.” Prince v.
United States, 312 F.2d 252, 253 (10thCir.
1962) (per curiam); see also United States v.
Losing, 601 F.2d 351, 353 (8th Cir. 1979)
(“[a] prisoner has no absolute right to a transcript to
assist him in the preparation of a collateral attack on his
conviction.”). But that is precisely what Carmichael is
seeking to do. He has not yet filed any motions with any
court regarding his confinement, much less shown that such a
motion would have merit. he is simply requesting transcripts
in order to peruse them and attempt to find something that
would support his claims.
Carmichael has not shown how the requested transcripts would
be helpful to a § 2241 petition. The hearings he
pinpoints, and in fact all of the proceedings held before
this Court, are irrelevant to his current confinement. As
noted, Carmichael seeks to challenge his civil commitment.
But his civil commitment was not ordered by this Court, nor
were any of the Court's proceedings used to justify it.
Instead, Carmichael's commitment came as the result of
his case before Judge Doty. The requested transcripts could
not assist him in any potential § 2241 claim he may
bring, and “without a showing of the need, ”
Carmichael is not entitled to a transcript at government
expense. Culbert v. United States, 325 F.2d 920, 922
(8th Cir. 1964) (quoting United States v.
Glass, 317 F.2d 200, 02 (1963)).
on the foregoing, and all the files, records, and proceedings
herein, IT IS HEREBY ORDERED that:
Carmichael's Motion for Transcripts [Docket No. 79] is
Carmichael's Motion Showing Probable Cause [Docket No.
80] is DENIED as moot.
Carmichael's Amended Motion Showing Probable Cause
[Docket No. 81] is DENIED as moot.