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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL MASTERSON,
Plaintiff,

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v.

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S. KILLEN, et al.,
Defendants.

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No. 1:11-cv-01179-DAD-SAB (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR A COPY OF TRANSCRIPT OF
EVIDENTIARY HEARING
(ECF No. 154)

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Plaintiff Daniel Masterson is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(1)(B) and Local Rule 302.

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On May 17, 2017, Plaintiff filed a request for a copy of the transcript of the evidentiary hearing

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held on February 15, 2017. (ECF No. 154.) Plaintiff states that he received a notice of lodging of the

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transcript of the evidentiary hearing by defense counsel, but not a copy of the transcript. Plaintiff

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further states that if the transcripts were transcribed by someone other than the court reporter, then he

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intends to file a motion to strike the transcripts. Plaintiff requests that the Court order Defendants to

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produce a full copy of the transcripts to Plaintiff, or order the Clerk of the Court to provide him a

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copy.

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A defendant is not required to provide plaintiff with a free copy of a deposition transcript. See

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Whittenberg v. Roll, No. CIV S–04–2313 FCD JFM P, 2006 WL 657381 at *5 (E.D. Cal. Mar. 15,

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2006) (denying plaintiff’s motion to compel defendant to provide him with a copy of his deposition
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transcript free of charge). Although granted leave to proceed in forma pauperis, “‘the expenditure of

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public funds [on behalf of an indigent litigant] is proper only when authorized by Congress.’” Tedder

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v. Odel, 890 F.2d 210, 211 (9th Cir. 1989) (quoting United States v. MacCollom, 426 U.S. 317, 321,

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96 S. Ct. 2086 (1976). The expenditure of public funds for deposition transcripts is not authorized by

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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

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ordered by Defendants via a transcript request form. The Court will not require Defendants to provide

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Plaintiff a free copy of the hearing transcript, nor is there any authority for the expenditure of public

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funds to provide a free copy of the hearing transcript to Plaintiff. Plaintiff may order a transcript by

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making a request to the court reporter, Jennifer Coulthard, phone number [phone], email

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[e-mail], 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

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May 17, 2017 (ECF No. 154), is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:

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May 18, 2017
UNITED STATES MAGISTRATE JUDGE

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