Robert Garber v. Mohammadi et al

Filing 152

ORDER RE PLAINTIFFS MOTION FOR TRANSCRIPTS AT THE GOVERNMENTS EXPENSE by Judge Dean D. Pregerson: The Court orders that one copy of the trial transcript be provided to Mr. Garber at government expense, pursuant to 28 U.S.C. § 753(f). (lc). Modified on 11/19/2014. (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ROBERT GARBER,

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Plaintiff,
v.
MOHAMMADI, #36506,
Lead-officer for the Los
Angeles Police Department:
et al.,

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Defendant.
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Case No. CV 10-07144 DDP (RNBx)
ORDER RE MOTION FOR TRANSCRIPTS
AT THE GOVERNMENT’S EXPENSE
[DOCKET NUMBER 151]

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Robert Garber, Plaintiff in this case, now appeals the Court’s

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Judgment as a Matter of Law against him.

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order to prosecute his appeal, he has filed a motion asking that a

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copy of the trial transcript to be furnished him at government

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expense.

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(Dkt. Nos. 145, 148.)

In

(Dkt. No. 151.)

Mr. Garber proceeded in this action in forma pauperis (“IFP”).

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(Dkt. Nos. 1-2.)

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Appeals referred the case back to this Court “for the limited

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purpose of determining whether in forma pauperis status should

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continue for this appeal or whether the appeal is frivolous or

On September 16, 2014, the Ninth Circuit Court of

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taken in bad faith.”

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gave the Court the option of acting to revoke Mr. Garber’s IFP

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status, which would require an explicit finding that his appeal is

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frivolous or in bad faith, or of doing nothing, in which case Mr.

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Garber’s appeal would proceed.

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option.

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(Dkt. No.150.)

(Id.)

The Ninth Circuit’s referral

The Court chose the latter

Mr. Garber now seeks transcripts at government expense, to be

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used in his appeal.

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his appeal is non-frivolous.

This implicitly asks the Court to affirm that
See 28 U.S.C. § 753(f) (“Fees for

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transcripts furnished . . . to persons permitted to appeal in forma

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pauperis shall also be paid by the United States if the trial judge

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or a circuit judge certifies that the appeal is not frivolous (but

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presents a substantial question).”).

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from its previous orders that the Court strongly disagrees with Mr.

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Garber’s position on appeal, (Dkt. Nos. 145, 147), the Court finds,

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based on the information provided in Mr. Garber’s Notice of Appeal,

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(Dkt. No. 148), that his appeal is non-frivolous.

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Although it should be obvious

Accordingly, the Court orders that one copy of the trial

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transcript be provided to Mr. Garber at government expense,

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pursuant to 28 U.S.C. § 753(f).

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IT IS SO ORDERED.

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Dated: November 19, 2014
DEAN D. PREGERSON
United States District Judge

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