Jackson v. Dye et al

Filing 33

ORDER DENYING Plaintiff's 32 Motion to Stay Proceedings to Obtain Copy of Deposition Transcript signed by Magistrate Judge Stanley A. Boone on 4/5/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CURTIS RENEE JACKSON,

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Plaintiff,
v.
DYE, et al.,
Defendants.

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Case No.: 1:14-cv-00222-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION TO
STAY PROCEEDINGS TO OBTAIN COPY OF
DEPOSITION TRANSCRIPT
[ECF No. 32]

Plaintiff Curtis Renee Jackson is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion to stay the proceedings, filed April 4, 2016.

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(ECF No. 32.) Because the Court does not need a response to Plaintiff’s motion, the Court elects to

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rule on the motion prior to the expiration period to file a response pursuant to Local Rule 230(l).

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In his motion, Plaintiff contends that Defendants served their motion for summary judgment

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filed on January 25, 2016, with only limited portions of the deposition testimony and Plaintiff is in

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need of a full copy of the deposition transcript to oppose Defendants’ motion.

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Federal Rule of Civil Procedure 30 provides that when paid reasonable charges, the deposition

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officer must furnish a copy of the transcript or recording to any party or the deponent. Fed. R. Civ. P.

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30(f)(3). Similarly, California Code of Civil Procedure section 2025.510(c) provides that the deponent

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must obtain a copy of any deposition transcripts at his own expense. In addition, there is no statutory
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requirement for the government to provide a litigant proceeding in forma pauperis with copies of a

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deposition transcript. See 28 U.S.C. § 1915(d); see also Whittenberg v. Roll, No. 2:04-cv-2313 FCD

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JFM, 2006 WL 657381 at *5 (E.D. Cal. Mar. 15, 2006) (denying plaintiff’s motion to compel

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defendant to provide him with a copy of the deposition transcript free of charge).
Plaintiff’s motion for a complimentary copy of the deposition transcript must be denied. As

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stated above, the Court cannot order the court reporter, defense counsel, or defendants, to provide

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Plaintiff a copy of the deposition transcript free of charge. Plaintiff must obtain the deposition

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transcript from the officer before whom the deposition was taken on October 6, 2015. See Boston v.

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Garcia, No. 2:10-cv-1782 KJM DAD, 2013 WL 1165062 at *2 (E.D. Cal. Mar. 20, 2013) (denying

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plaintiff’s request for a court order directing the defendant to provide him with a copy of his

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deposition transcript). Accordingly, as there is no basis to provide Plaintiff a free copy of the

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deposition transcript, Plaintiff’s request to stay the proceedings and direct defense counsel to provide a

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copy of the complete deposition transcript is DENIED. Plaintiff is advised that his opposition to

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Defendants’ motion for summary judgment is presently due on or before April 27, 2016.

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IT IS SO ORDERED.

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Dated:

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April 5, 2016
UNITED STATES MAGISTRATE JUDGE

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