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United States v. Duggins

United States Court of Appeals, Tenth Circuit

March 12, 2014

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
GLENN E. DUGGINS, Defendant-Appellant.

D.C. No. 99-CR-00777-MV-2, D.N.M

Before KELLY, HOLMES, and MATHESON, Circuit Judges. [**]

ORDER AND JUDGMENT [*]

Paul J. Kelly, Jr. Circuit Judge

Glenn E. Duggins, an inmate proceeding pro se, appeals the district court's denial of his (1) petition for writ of mandamus compelling his former attorney to provide him with a copy of his sentencing transcript, and (2) motion for default judgment due to his attorney's failure to respond. The district court determined that Mr. Duggins' transcript request failed to demonstrate a particular need and that default judgment was inappropriate because counsel was under no obligation to respond, the representation having been terminated on October 29, 2001. United States v. Duggins, No. 2:99-CR-00777-MV, ECF No. 550 (D.N.M. Aug. 2, 2013). On appeal, Mr. Duggins reasserts that the transcript is necessary to challenge his sentence, [1] Pet. 2-3, and that default judgment is appropriate because his former attorney did not respond. United States v. Duggins, No. 13-2174 (10th Cir. Jan. 6, 2014).

The district court did not abuse its discretion in denying the petition for a writ of mandamus under 28 U.S.C. § 1361. See Marquez-Ramos v. Reno, 69 F.3d 477, 479 (10th Cir. 1995) (standard of review). While a court may order transcripts prepared at public expense in aid of an action, 28 U.S.C. § 1915(c), Mr. Duggins cannot point to any clear authority requiring an officer or employee of the United States to provide him a transcript to pursue post-conviction remedies in these circumstances. Prince v. United States, 312 F.2d 252, 253 (10th Cir. 1962). Although Mr. Duggins stresses that his petition is directed at his former attorney and not the government, the entities are one and the same for purposes of taxpayers' expense; Mr. Duggins' former attorney was appointed by the court, as the district court recognized.[2] Duggins, No. 2:99-CR-00777-MV, ECF No. 550. As to the motion for default judgment, the district court properly denied it because former counsel was under no obligation to respond.

AFFIRMED. The motion for leave to proceed without prepayment of costs or fees is DENIED as are ...


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