Ransom v. Aguirre et al

Filing 122

ORDER Denying Plaintiff's 120 Motion for Transcripts signed by Magistrate Judge Dennis L. Beck on 01/21/2016. (Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

BRYAN E. RANSOM,

Case No. 1:12-cv-01343 DAD DLB PC

12

Plaintiff,

ORDER REGARDING PLAINTIFF’S
MOTION FOR TRANSCRIPTS

13

v.
(Document 120)

14
15

AGUIRRE, et al.,
Defendants.

16
17

Plaintiff Bryan E. Ransom (“Plaintiff”) is a state prisoner proceeding pro se in this civil

18

rights action. Defendants paid the filing fee to remove this action from state court and Plaintiff is

19

therefore not proceeding in forma pauperis.

20

On December 16, 2015, the Court held an evidentiary hearing on the issue of exhaustion.

21

Plaintiff filed a motion for transcripts of certain portions of the hearing on January 19, 2016.

22

Plaintiff seeks the parties’ opening and closing statements, as well as his own testimony and the

23

testimony of Defendants’ witnesses.

24

Plaintiff does not indicate that he is seeking production of the transcripts at government

25

expense. Indeed, Plaintiff is not proceeding in forma pauperis in this action, and therefore would not

26

qualify for transcripts under 28 U.S.C. § 1915(c).

27

Section 753(f), available to persons permitted to appeal in forma pauperis, allows the Court

28

to order the government to pay for transcripts only if “the trial judge or a circuit judge certifies that
1

1

the suit or appeal is not frivolous and that the transcript is needed to decide the issue presented by

2

the suit or appeal.” 28 U.S.C. § 753(f). While Plaintiff may be ultimately permitted to appeal in

3

forma pauperis, this action is not yet at the appeal stage.

4

Therefore, Plaintiff’s request for transcripts is DENIED. The Clerk of Court is ORDERED

5

to send Plaintiff the Transcript Instructions and Ordering Form in the event Plaintiff wishes to pay

6

for the requested transcript.

7
8
9
10

IT IS SO ORDERED.
Dated:

/s/ Dennis

January 21, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2