Randle v. Franklin, et al.

Filing 133

ORDER signed by District Judge James A Teilborg on 7/25/2011 denying as moot 131 Motion for request for transfer of full record on appeal. (Lundstrom, T)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE EASTERN DISTRICT OF CALIFORNIA

8
9

Willie D. Randle,
Plaintiff,

10
11

vs.

12
L. V. Franklin et al.,
13
Defendants.
14

)
)
)
)
)
)
)
)
)
)
)
)

No. CV 08-0845-JAT
ORDER

15
16
17

Pending before the Court is Plaintiff/Appellant Willie D. Randle’s Motion For

18

Request of Transfer of Full Record on Appeal. (Dkt. 131.) Plaintiff requests the Court

19

transfer the original record of the proceedings pursuant to Rule 24(c) of the Federal Rules

20

of Appellate Procedure. (Dkt. 131.) Rule 24(c) provides that a party proceeding “on appeal

21

in forma pauperis may request that the appeal be heard on the original record without

22

reproducing any part.” Fed.R.App.P. 24(c). The Court approved Plaintiff’s application to

23

proceed in forma pauperis on June 20, 2008, pursuant to 28 U.S.C. § 1915. (Dkt. 4.) On

24

June 22, 2011, the Clerk of the District Court issued a Certificate of Record confirming that

25

the record is currently available for transmission to the Court of Appeals, upon the direction

26

of the Clerk of the Court of Appeals. (Dkt. 130-2.) Therefore, to the extent that Plaintiff

27

seeks the transfer of the District Court’s record, Plaintiff’s motion is moot in light of the

28

Certificate of Record.

1

It is unclear from Plaintiff’s motion whether Plaintiff is attempting to request copies

2

of transcripts from the jury trial or other proceedings before the Court. However, pursuant

3

to Circuit Rule 10-3.1, Plaintiff, as appellant, is required to file a transcript order in the

4

District Court, using the District Court’s transcript designation form, with respect to any

5

portions of the transcript that Plaintiff or Defendants require. See 9th Cir. R. 10-3.1(d). On

6

or before filing the transcript designation form, Plaintiff is required to make arrangements

7

with the court reporter to pay for the transcripts ordered. Id. at 10-3.1(e). There is no

8

evidence that Plaintiff has complied with these requirements. Plaintiff has not informed the

9

Court of the particular transcripts that Plaintiff or Defendants require for the appeal.

10

Accordingly, the Court cannot authorize the preparation of transcripts at government expense

11

at this time.

12

Finally, pursuant to the order and mandate of the Ninth Circuit Court of Appeals

13

issued July 25, 2011 dismissing Plaintiff’s appeal, Plaintiff’s request for production of the

14

record and/or transcripts is now moot.

15

According,

16

IT IS HEREBY ORDERED that to the extent that Plaintiff is requesting the original

17

trial court record be made available to the Ninth Circuit Court of Appeals, the Motion for

18

Request for Transfer of Full Record on Appeal (Dkt. 131) is DENIED as moot, because the

19

Clerk of the District Court has already issued the Certificate of Record (Dkt. 130-2).

20

IT IS FURTHER ORDERED that to the extent Plaintiff is requesting copies of

21

transcripts from the jury trial or any other court proceedings, the Motion for Request for

22

Transfer of Full Record on Appeal (Dkt. 131) is DENIED as moot in light of the Ninth

23

Circuit Court of Appeals order and mandate dismissing Plaintiff’s appeal (Dkt. 132).

24

DATED this 25th day of July, 2011.

25
26
27
28
-2-