Jason Wayne McBride, a Texas prisoner, was convicted of multiple violent offenses including continuous violence against the family and aggravated assault. In 2020, he filed a habeas corpus petition under 28 U.S.C. § 2254, which the district court dismissed, and the Fifth Circuit denied a certificate of appealability. In 2025, McBride moved the district court to obtain copies of medical records from the case file, specifically those related to allegations that he had broken the victim's nose. At the time of this motion, no habeas application or other legal action was pending before the district court. The district court denied the request for free copies, noting that the statute requires a pending proceeding to waive fees. McBride appealed this denial, prompting the Fifth Circuit's review.
The court addressed the statutory requirement of 28 U.S.C. § 2250, which permits the court to provide copies of records without cost to a party. The opinion emphasizes that this fee waiver is contingent upon the existence of a pending action. The court noted that when McBride filed his motion, there was no § 2254 application or other action pending before the district court. Citing United States v. Carvajal and Walker v. United States, the court held that without a live proceeding, the district court lacked the legal basis to grant free copies. The court further clarified that the denial of free copies does not bar access entirely; a prisoner may still purchase specific documents by contacting the district court clerk. Because McBride's appeal challenged a correct application of the law, the court characterized the appeal as frivolous under Fifth Circuit Rule 42.2.
This decision reinforces that the fee waiver for court records under 28 U.S.C. § 2250 is strictly limited to cases where a proceeding is active. Prisoners whose habeas cases have concluded must pay for copies of records unless they can find another basis for a fee waiver. The ruling clarifies that while free access is suspended post-disposition, the right to purchase records remains intact, ensuring that prisoners can still access the record for potential future use or personal reference.
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