United States v. Russell Losing, Jr.

FER CURIAM.

On November 29,1978, Russell Losing, Jr. filed in the district court a “Motion for the ‘Pre-Existing’ Records and Transcripts under 28 U.S.C. § 753(b).” The district court denied the motion for the reason that “any request for a full transcript prior to the filing of a § 2255 complaint is premature.” Losing filed a timely notice of appeal and was granted leave to appeal in forma pau-peris by the district court. This court has previously ruled adversely to Losing on this issue. See United States v. Losing, 584 F.2d 289, 290 (8th Cir. 1978) (Losing II). We affirm the district court.

Lo…