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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ROBERT GARBER, 12 13 14 15 Plaintiff, v. MOHAMMADI, #36506, Lead-officer for the Los Angeles Police Department: et al., 16 17 Defendant. ___________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 10-07144 DDP (RNBx) ORDER RE MOTION FOR TRANSCRIPTS AT THE GOVERNMENT’S EXPENSE [DOCKET NUMBER 151] 18 19 Robert Garber, Plaintiff in this case, now appeals the Court’s 20 Judgment as a Matter of Law against him. 21 order to prosecute his appeal, he has filed a motion asking that a 22 copy of the trial transcript to be furnished him at government 23 expense. 24 (Dkt. Nos. 145, 148.) In (Dkt. No. 151.) Mr. Garber proceeded in this action in forma pauperis (“IFP”). 25 (Dkt. Nos. 1-2.) 26 Appeals referred the case back to this Court “for the limited 27 purpose of determining whether in forma pauperis status should 28 continue for this appeal or whether the appeal is frivolous or On September 16, 2014, the Ninth Circuit Court of 1 taken in bad faith.” 2 gave the Court the option of acting to revoke Mr. Garber’s IFP 3 status, which would require an explicit finding that his appeal is 4 frivolous or in bad faith, or of doing nothing, in which case Mr. 5 Garber’s appeal would proceed. 6 option. 7 (Dkt. No.150.) (Id.) The Ninth Circuit’s referral The Court chose the latter Mr. Garber now seeks transcripts at government expense, to be 8 used in his appeal. 9 his appeal is non-frivolous. This implicitly asks the Court to affirm that See 28 U.S.C. § 753(f) (“Fees for 10 transcripts furnished . . . to persons permitted to appeal in forma 11 pauperis shall also be paid by the United States if the trial judge 12 or a circuit judge certifies that the appeal is not frivolous (but 13 presents a substantial question).”). 14 from its previous orders that the Court strongly disagrees with Mr. 15 Garber’s position on appeal, (Dkt. Nos. 145, 147), the Court finds, 16 based on the information provided in Mr. Garber’s Notice of Appeal, 17 (Dkt. No. 148), that his appeal is non-frivolous. 18 Although it should be obvious Accordingly, the Court orders that one copy of the trial 19 transcript be provided to Mr. Garber at government expense, 20 pursuant to 28 U.S.C. § 753(f). 21 22 IT IS SO ORDERED. 23 24 25 Dated: November 19, 2014 DEAN D. PREGERSON United States District Judge 26 27 28 2

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