govinfo:USCOURTS-ilsd-3_16-cr-30118-0

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IN THE UNITED STATES DISTRICT COURT 
 FOR THE SOUTHERN DISTRICT OF ILLINOIS 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v . 
 
THOMAS HELMS, 
 
 
Defendant. No. 16-CR-30118-DRH 
 
MEMORANDUM and ORDER 
 
HERNDON, District Judge: 
Now before the Court is defendant’s mo tion for copies (Doc. 40). Based on 
the following, the Court denies the motion. 
In order to obtain documents free of charge defendant must demonstrate: 
(1) that he has exhausted all means of access to his files (i.e. through his trial and 
appellate counsel), (2) that he is financ ially unable to secure access to his court 
files ( i.e., through a showing similar required in 28 U.S.C. Section 1915(a)(2) 
which includes a certified copy of the pr isoner’s account for the previous six-
month period prior to filing), and (3) tha t the documents requested are necessary 
for the preparation of some specific non-frivolous court action. See United 
States v. Wilkinson , 618 F.2d 1215, 1218-19 (7th Cir. 1980); Rush v. United 
States, 559 F.2d 455, 459 (7th Cir. 1977). These minimal requirements do not 
impose any substantial burden to financially unable prisoners who desire their Page ID
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records be sent to them at government expense. 
Here, Helms’ motion is insufficient. First, he did not attach his prison trust 
fund statement and has not demonstrated that he exhausted means of access to 
his file. Further, bald allegations that he needs the documents will not do. 
Moreover, case law indicates that defendant must first file the 2255 action in 
order to obtain the documents. See United States v. Horvath , 157 F.3d 131, 
132-33 (2nd Cir. 1998) (collecting cases). 
Accordingly, the Court DENIES defendant’s motion (Doc. 40). 
IT IS SO ORDERED. 
 
 
 
 
United States District Court 
 
Judge Herndon 
2018.10.29 
16:14:24 -05'00' Page ID
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