McDonald v. Yates et al

Filing 197

ORDER signed by Magistrate Judge Sheila K. Oberto on 11/1/2013 denying 196 Motion for Trial Transcripts at Government expense. (Lundstrom, T)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JIMMY MCDONALD, 11 Plaintiff, 12 13 v. CANO, CLARK, RODRIGUEZ, and ROBERTS, Case No. 1:09-cv-00730-SKO PC ORDER DENYING MOTION FOR TRIAL TRANSCRIPTS AT GOVERNMENT EXPENSE (Doc. 196) 14 Defendants. 15 _____________________________________/ 16 17 Plaintiff Jimmy McDonald, a state prisoner proceeding pro se and in forma pauperis, filed 18 this civil rights action pursuant to 42 U.S.C. § 1983 on April 24, 2009. This action for damages 19 was proceeding against Defendants Cano, Clark, Rodriguez, and Roberts for violating Plaintiff’s 20 rights under the Eighth Amendment of the United States Constitution. Following a two-day trial 21 by jury, judgment was entered for Defendants and against Plaintiff on September 20, 2013; 22 Plaintiff filed a notice of appeal on September 30, 2013. On October 31, 2013, Plaintiff filed a 23 motion seeking the trial transcripts at government expense. 24 A litigant who has been granted in forma pauperis status may move to have transcripts 25 produced at government expense. Two statutes must be considered whenever the district court 26 receives a request to prepare transcripts at the government’s expense. First, 28 U.S.C. § 1915(c) 27 defines the limited circumstances under which the Court can direct payment the government to 28 pay for transcripts for a litigant proceeding in forma pauperis. 1 2 3 4 5 6 7 (c) Upon the filing of an affidavit in accordance with subsections (a) and (b) and the prepayment of any partial filing fee as may be required under subsection (b), the court may direct payment by the United States of the expenses of (1) printing the record on appeal in any civil or criminal case, if such printing is required by the appellate court; (2) preparing a transcript of proceedings before a United States magistrate judge in any civil or criminal case, if such transcript is required by the district court, in the case of proceedings conducted under section 636(b) of this title or under section 3401(b) of title 18, United States Code; and (3) printing the record on appeal if such printing is required by the appellate court, in the case of proceedings conducted pursuant to section 636(c) of this title. Such expenses shall be paid when authorized by the Director of the Administrative Office of the United States Courts. 28 U.S.C. § 1915(c). 8 Second, 28 U.S.C. § 753(f) allows the Court to order the government to pay for transcripts 9 10 11 only if “the trial judge or a circuit judge certifies that the suit or appeal is not frivolous and that the transcript is needed to decide the issue presented by the suit or appeal.” A request for a transcript at government expense should not be granted unless “the appeal presents a substantial issue.” 12 Henderson v. United States, 734 F.2d 483, 484 (9th Cir. 1984). 13 14 The Court does not find that Plaintiff’s appeal presents any substantial issues. Accordingly, Plaintiff’s motion for the trial transcript at government expense is HEREBY 15 DENIED. Any further relief on this issue must be sought from the United States Court of Appeals 16 for the Ninth Circuit. 17 18 19 IT IS SO ORDERED. 20 21 Dated: November 1, 2013 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?