In Re Sherrie Lynn Webb Petitioner, 900 F.2d 258 (4th Cir. 1990)

Sherrie Lynn Webb petitions this Court for a writ of mandamus ordering the district court to direct either the clerk of that court or the appropriate court reporters to prepare transcripts of various proceedings held in connection with her 1982 conviction of second degree murder. Webb contends that preparation of a petition for a writ of habeas corpus will be hindered if she does not have the transcripts.

We deny the petition. One who seeks to attack a federal conviction under 28 U.S.C. § 2255 may obtain a transcript at government expense only upon a showing that the petition is not frivolous and that a transcript is needed to decide the issues raised. 28 U.S.C. § 753(f). Webb has not made this showing. Moreover, the district court incorrectly refused to assume jurisdiction over Webb's transcript request.^*  Webb's motion for a transcript and showing of need should be presented to the district court. A mandamus petition to this Court is not the proper vehicle for relief.

Accordingly, although leave to proceed in forma pauperis is granted, the petition is denied. As our review of the record and other materials before us indicates that it would not aid the decisional process, we dispense with oral argument.

PETITION DENIED