Edward Juliano Mullins v. Wenciker et al

Filing 173

ORDER DENYING Plaintiff's Motion to Stay as MOOT 156 ; ORDER DENYING Plaintiff's Motion for Deposition Transcripts 164 , signed by Magistrate Judge Dennis L. Beck on 8/2/11. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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EDWARD JULIANO MULLINS,

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Plaintiff,

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CASE NO. 1:07-CV-00108-LJO-DLB PC
ORDER DENYING PLAINTIFF’S MOTION
TO STAY AS MOOT (DOC. 156)

v.
ORDER DENYING PLAINTIFF’S MOTION
FOR DEPOSITION TRANSCRIPTS (DOC.
164)

WENCIKER, et al.,

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Defendants.

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Plaintiff Edward J. Mullins (“Plaintiff”) is a California state prisoner proceeding pro se in

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this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendant

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R. Wenciker. Pending before the Court are 1) Plaintiff’s motion to stay the proceedings, filed

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October 18, 2010 and 2) Plaintiff’s motion for transcript of deposition, filed January 12, 2011.

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I.

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Motion To Stay
Plaintiff moved the Court for a stay of the proceedings until the Court adjudicated

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Plaintiff’s motions for an extension of time, appointment of counsel, and return of his legal

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property. Plaintiff’s other motions have all been resolved. See Findings and Recommendations

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(“F&R”), filed Dec. 16, 2010, Doc. 163; Order Adopting F&R, filed Jan. 28, 2011, Doc. 166

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(resolving Plaintiff’s motion for return of legal property); Order, filed Oct. 26, 2010, Doc. 160

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(resolving motion for appointment of counsel); Order, filed Oct. 13, 2010, Doc. 152 (resolving

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motion for extension of time). Accordingly, Plaintiff’s motion for a stay, filed October 18, 2010,

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is denied as moot.
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II.

Motion For Deposition Transcript

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Plaintiff moves for a copy of a transcript of Plaintiff’s deposition. Plaintiff requests the

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transcript pursuant to Federal Rule of Civil Procedure 30(e). The deposition was conducted at

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California State Prison - Los Angeles County.

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Pursuant to Federal Rule of Civil Procedure 30(e)(1),

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[o]n request by the deponent . . ., the deponent must be allowed thirty days after
being notified by the officer that the transcript or recording is available in which:
(A) to review the transcript or recording; and
(B) if there are changes in form or substance, to sign a statement listing the
changes and the reasons for making them.

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Once the court reporter has notified Plaintiff that the transcript is available, Plaintiff is

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granted thirty days in which to review the transcript and provide any changes. A court order is

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not required.

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Plaintiff is not entitled to a copy of the deposition transcript for free, even if he is

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proceeding in forma pauperis. See id. 30(f)(3) (requiring the officer who recorded transcript to

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furnish a copy to deponent “[w]hen paid reasonable charges”); Tedder v. Odel, 890 F.2d 210,

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211-12 (9th Cir. 1989) (per curiam) (citations omitted) (finding that expenditure of public funds

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on behalf of indigent litigant is proper only when authorized by Congress). Accordingly, it is

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HEREBY ORDERED that Plaintiff’s motion for a copy of the deposition transcript without

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payment is denied.

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IT IS SO ORDERED.
Dated:

August 2, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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