1:22-cv-00287•Ali #175762 v. Knight et al
Texte intégral
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FATHIREE ALI #175762, Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants. ________________________________/ Hon. Jane M. Beckering Case No. 1:22-cv-287 REPORT AND RECOMMENDATION Presently before me is Plaintiff’s Request for Transcripts Under 28 U.S.C. § 753(f) for Substantial Questions for the Sixth Circuit Appellate Review (ECF No. 205), which the Court has referred pursuant to 28 U.S.C. § 636(b)(3). For the reasons that follow, I recommend that the request be DENIED. Plaintiff’s request for a free transcript is governed by 28 U.S.C. § 753(f), which provides, in pertinent part, “Fees for transcripts furnished . . . to persons permitted to appeal in forma pauperis shall . . . be paid by the United States if the trial judge or a circuit judge certifies that the appeal is not frivolous (but presents a substantial question).” “Conclusory allegations in support of a request for free transcripts do not satisfy these requirements.” Amadasu v. Mercy Franciscan Hosp., 515 F.3d 528, 530 (6th Cir. 2008) (citing United States v. MacCollom, 426 U.S. 317, 327 (1976)). Plaintiff satisfies the statute’s first condition because I have granted his application to proceed in forma pauperis on appeal. (ECF No. 210.) In his notice of appeal, Plaintiff states that he appeals: (1) the final judgment entered on August 7, 2025 (ECF No. 163) following the jury Case 1:22-cv-00287-JMB-SJB ECF No. 211, PageID.<pageID> Filed 05/22/26 Page 1 of 2
2 trial on his equal protection claim; (2) the March 31, 2025 Opinion and Order adopting the December 9, 2024 Report and Recommendation (ECF No. 70); (3) the July 10, 2025 Final Pretrial Order; and (4) the February 4, 2026 Opinion and Order denying Plaintiff’s Motion for New Trial (ECF No. 196). In his present motion, Plaintiff identifies a number of issues for appeal that arose prior to the trial and would not be aided by the transcripts he requests. (ECF No. 205 at PageID.2029–30.) As to the trial-related issues that Plaintiff has identified for his appeal, for the reasons set forth in the February 4, 2026 Opinion and Order (ECF No. 196), I recommend that the Court conclude that Plaintiff has failed to demonstrate a non-frivolous substantial question for appeal because, as the Court explained, his grounds are meritless. Accordingly, for the forgoing reasons, I recommend that the Court deny Plaintiff’s request for transcripts pursuant to 28 U.S.C. § 753(f). Date: May 22, 2026 /s/ Sally J. Berens SALLY J. BERENS U.S. Magistrate Judge NOTICE OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court within seven days of the date of personal service of this notice. 28 U.S.C. § 636(b)(1)(C). Failure to file objections within the specified time waives the right to appeal the District Court’s order. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Case 1:22-cv-00287-JMB-SJB ECF No. 211, PageID.<pageID> Filed 05/22/26 Page 2 of 2
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.