Masterson v. Killen et al

Filing 156

ORDER DENYING Plaintiff's Request for a Copy of Transcript of Evidentiary Hearing 154 , signed by Magistrate Judge Stanley A. Boone on 5/18/17. (Hellings, J)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DANIEL MASTERSON, Plaintiff, 11 v. 12 13 S. KILLEN, et al., Defendants. 14 15 ) ) ) ) ) ) ) ) ) ) No. 1:11-cv-01179-DAD-SAB (PC) ORDER DENYING PLAINTIFF’S REQUEST FOR A COPY OF TRANSCRIPT OF EVIDENTIARY HEARING (ECF No. 154) 16 Plaintiff Daniel Masterson is appearing pro se and in forma pauperis in this civil rights action 17 pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 18 28 U.S.C. § 636(1)(B) and Local Rule 302. 19 On May 17, 2017, Plaintiff filed a request for a copy of the transcript of the evidentiary hearing 20 held on February 15, 2017. (ECF No. 154.) Plaintiff states that he received a notice of lodging of the 21 transcript of the evidentiary hearing by defense counsel, but not a copy of the transcript. Plaintiff 22 further states that if the transcripts were transcribed by someone other than the court reporter, then he 23 intends to file a motion to strike the transcripts. Plaintiff requests that the Court order Defendants to 24 produce a full copy of the transcripts to Plaintiff, or order the Clerk of the Court to provide him a 25 copy. 26 A defendant is not required to provide plaintiff with a free copy of a deposition transcript. See 27 Whittenberg v. Roll, No. CIV S–04–2313 FCD JFM P, 2006 WL 657381 at *5 (E.D. Cal. Mar. 15, 28 2006) (denying plaintiff’s motion to compel defendant to provide him with a copy of his deposition 1 1 transcript free of charge). Although granted leave to proceed in forma pauperis, “‘the expenditure of 2 public funds [on behalf of an indigent litigant] is proper only when authorized by Congress.’” Tedder 3 v. Odel, 890 F.2d 210, 211 (9th Cir. 1989) (quoting United States v. MacCollom, 426 U.S. 317, 321, 4 96 S. Ct. 2086 (1976). The expenditure of public funds for deposition transcripts is not authorized by 5 the in forma pauperis statute or any other statute. See 28 U.S.C. § 1915. The transcripts in this case were prepared by one of the Court’s official court reporters, and 6 7 ordered by Defendants via a transcript request form. The Court will not require Defendants to provide 8 Plaintiff a free copy of the hearing transcript, nor is there any authority for the expenditure of public 9 funds to provide a free copy of the hearing transcript to Plaintiff. Plaintiff may order a transcript by 10 making a request to the court reporter, Jennifer Coulthard, phone number (312) 617-9858, email 11, or by filing a Transcript Order request form. The reporter’s fees will apply. Accordingly, Plaintiff’s request for a copy of the transcript of the evidentiary hearing, filed 12 13 May 17, 2017 (ECF No. 154), is HEREBY DENIED. 14 15 IT IS SO ORDERED. 16 Dated: 17 May 18, 2017 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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