United States of America, Plaintiff-appellee, v. Carl Lee Gallo, Defendant-appellant, 849 F.2d 607 (4th Cir. 1988)

Carl Lee Gallo, a federal inmate, appeals the district court's denial of his request for copies of all pretrial motions and the motion to withdraw guilty plea filed in his criminal case.¹  Gallo asserted that these documents were necessary to enable him to prepare a 28 U.S.C. § 2255 motion based on ineffective assistance of counsel. We affirm the district court's denial of the request.² 

Copies of transcripts and court records may be provided to an indigent litigant at government expense upon a showing by the litigant of a particularized need for the documents. See Jones v. Superintendent, Virginia State Farm, 460 F.2d 150, 152-53 (4th Cir.), reh'g denied, 465 F.2d 1091 (4th Cir. 1972), cert. denied, 410 U.S. 944 (1973). An indigent is not entitled to free copies "merely to comb the record in the hope of discovering some flaw." United States v. Glass, 317 F.2d 200, 202 (4th Cir. 1963).

Gallo's request for copies does not establish the requisite need under Jones. The Rules Governing Section 2255 Proceedings require only that the facts in support of a claim for relief be set forth in summary form. Rule 2(b). Discovery may thereafter be available in the Sec. 2255 proceeding. Rule 6. As Gallo has failed to establish why he cannot, without copies of court records, set forth in summary form the facts in support of his claim of ineffective assistance, we affirm the district court's denial of his request. We dispense with oral argument because the dispositive issues have been decided authoritatively.

AFFIRMED.