Gorrell v. Sneath et al

Filing 128

ORDER DENYING Plaintiff's Motion for Hearing Transcripts 127 , signed by Magistrate Judge Jennifer L. Thurston on 10/24/2013. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILSON GORRELL,

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Plaintiff,
v.
THOMAS SNEATH, et al.,
Defendants.

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Case No.: 1:12-cv-0554 - JLT
ORDER DENYING PLAINTIFF’S MOTION FOR
HEARING TRANSCRIPTS
(Doc. 127)

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On October 22, 2013, Wilson Gorrell (“Plaintiff”) requested the Court provide transcripts from

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the hearings held on January 23, 2013 and July 23, 2013. (Doc. 127). Plaintiff is reminded that the

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transcripts are not prepared as a matter of course, because all hearings are digitally recorded. However,

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a litigant proceeding in forma paurperis may have transcripts produced at the government’s expense in

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limited circumstances. See 28 U.S.C. § 1915(c); McKinney v. Anderson, 924 F.2d 1500, 1511-12 (9th

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Cir. 1991) (subsequent history omitted). Pursuant to 28 U.S.C. § 1915(c):

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[T]he 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.

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Significantly, none of the circumstances above are applicable to this case. Although Plaintiff has

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initiated an appeal with the Ninth Circuit, the Court has not been informed that the printing is required

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by the appellate court.

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Accordingly, IT IS HEREBY ORDERED: Plaintiff’s motion for hearing transcripts (Doc. 127)
is DENIED.

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IT IS SO ORDERED.
Dated:

October 24, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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