Bryant v. Gallagher et al

Filing 266

ORDER DENYING 264 Plaintiff's Motion to Compel Defendants to Provide Him a Copy of the Deposition Transcript of Christine Blantz Taken July 29, 2016 Without Cost as Part of Discovery signed by Magistrate Judge Barbara A. McAuliffe on 9/16/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN DARNELL BRYANT,

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Plaintiff,
v.
GALLAGHER, et al.,
Defendants.

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Case No. 1:11-cv-00446-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION TO
COMPEL DEFENDANTS TO PROVIDE HIM A
COPY OF THE DEPOSITION TRANSCRIPT OF
CHRISTINE BLANTZ TAKEN JULY 29, 2016
WITHOUT COST AS PART OF DISCOVERY
(ECF No. 264)

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Plaintiff Kevin Darnell Bryant (“Plaintiff”) is state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. All parties have consented to

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magistrate judge jurisdiction. (ECF Nos. 7, 231.) This matter is set for trial on October 17, 2016.

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Currently before the Court is Plaintiff’s motion to compel Defendants to provide him a copy of

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the deposition transcript of Christine Blantz taken July 29, 2016 without cost. (ECF No. 264.) He

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argues he cannot afford the transcript based on his indigent status, and although he was present by

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telephone at the deposition, he could not hear certain portions of the deposition.

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Plaintiff’s motion is denied. His indigent status does not entitle him to free copies of deposition

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transcripts. Clemente v. Parciasepe, No. 2:14-CV-0611 KJN P, 2015 WL 6447495, at *2 (E.D. Cal.

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Oct. 23, 2015) (“The expenditure of public funds for deposition transcripts is not authorized by the in

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forma pauperis statute or any other statute.”) (citing 28 U.S.C. § 1915). Nor are Defendants required to

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provide Plaintiff with any free copy of a deposition transcript. Id. (citing Whittenberg v. Roll, No. CIV

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S-04-2313 FCD JFM P, 2006 WL 657381, at *5 (E.D. Cal. Mar. 15, 2006). Plaintiff may obtain a

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copy of the transcript from the officer before whom it was taken, upon payment of reasonable charges.

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Id. (citing Fed. R. Civ. P. 30(f)(3)).

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to compel Defendants to

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provide him a copy of the deposition transcript of Christine Blantz taken July 29, 2016 without cost as

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part of discovery (ECF No. 264) is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 16, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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