The opinion of the court was delivered by: Hurley, Senior District Judge
MEMORANDUM and ORDER On 2250 Application (doc. #11)
Petitioner Fabian Williams ("Petitioner") moves pursuant to 28 U.S.C. § 2250 to be furnished with a copy, without cost, of the state court's trial transcripts. For the reasons set forth below, the Application is GRANTED.
On February 29, 2000, Petitioner was tried and convicted in the District Court, Nassau County, on charges of First Degree Sodomy, N.Y. Penal Law § 130.50(1), and of Sexual Abuse in the First Degree, N.Y. Penal Law § 130.65(1). Petitioner was sentenced to twenty-five years on the sodomy conviction and to seven years on the sexual abuse conviction, to run concurrently with the sodomy sentence. In 2003, the New York State Appellate Division, Second Department, affirmed Petitioner's conviction. See People v. Williams, 756 N.Y.S.2d 236 (N.Y. App. Div., 2d Dep't 2003). Following his sentencing, the Petitioner moved this Court for habeas corpus relief. In furtherance of his habeas corpus application, Petitioner makes the current § 2250 request.
On April 4, 2005, Petitioner made an initial application pursuant to 28 U.S.C. § 2250 for copies of the state court trial transcripts; that application was denied. (See Williams v. Greene, No. 04-cv-4507, Order (E.D.N.Y. Apr. 4, 2005).) Thereafter, Petitioner tried to obtain copies of the requested transcripts from the State to no avail; further, neither trial counsel nor appellate counsel would provide Petitioner with a copy of the trial or sentencing minutes.
This is Petitioner's second request for copies of the trial transcripts, styled as a Motion to Compel. (See Pet.'s Mot. Compel (filed Nov. 8, 2006) (doc. #11).) Respondent did not file a response to Petitioner's November 2006 request. In August 2007, Petitioner sent the Court a letter inquiring about the status of his application. (See letter from Fabian Williams, Pet., to Hon. Denis R. Hurley, U.S. Dist. Ct., E.D.N.Y. (filed Aug. 14, 2007) (doc. #12).) A review of the docket shows no response to Petitioner's August 2007 letter has been received from Respondent.
II. PETITIONER'S §2250APPLICATION
Petitioner raises several arguments in support of his current § 2250 Application. First, Petitioner argues that in order for him to intelligently respond to Respondent's opposition to his underlying petition for habeas corpus, and support his own reply, he needs use of the requested documents. Second, Petitioner claims that he cannot properly and intelligently research the law and support his arguments in opposition to Respondent's arguments without the use of the trial transcripts. Petitioner provides detailed examples of Respondent's substantial citation to the state trial transcripts.
(A.) 28 U.S.C. § 2250 and the Nunez Case
Relying on Nunez v. United States., 892 F. Supp. 528 (S.D.N.Y. 1995), this Court initially denied Petitioner's application for free transcripts. Upon review of Petitioner's Affirmation in support of his Motion to Compel, however, the Court finds Nunez inapplicable in this instance.
In Nunez, the petitioner was moving to correct a sentence based on alleged ineffective assistance of counsel. In that vein, Nunez sought free copies of the sentencing transcript pursuant to 28 U.S.C. § 2250. Section 2250, entitled "Indigent petitioner entitled to documents without cost," reads:
If on any application for a writ of habeas corpus an order has been made permitting the petitioner to prosecute the application in forma pauperis, the clerk of any court of the United States shall furnish to the petitioner without cost certified copies of such documents or parts of the record on file in his office ...