Davis v. Molina et al

Filing 63

ORDER Denying Plaintiff's 60 Request for Deposition Transcript; ORDER Requiring Plaintiff to File an Opposition to Defendant's Motion for Summary Judgment within Thirty (30) Days signed by Magistrate Judge Barbara A. McAuliffe on 09/27/2017. (Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 CHARLES T. DAVIS, 10 Plaintiff, 11 12 v. A. MOLINA, 13 Defendant. 14 15 ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:14-cv-1554-BAM (PC) ORDER DENYING PLAINTIFF’S REQUEST FOR DEPOSITION TRANSCRIPT ORDER REQUIRING PLAINTIFF TO FILE AN OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT WITHIN THIRTY (30) DAYS (ECF Nos. 55, 58, 60) 16 17 Plaintiff Charles Davis (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 18 in this civil rights action against Correctional Officer A. Molina for retaliation in violation of the First 19 Amendment. Pending before the court is Plaintiff’s motion for a court order compelling defendant to 20 provide him with a copy of the complete deposition transcript lodged with the court.1 Plaintiff argues 21 that while he received copies of the deposition excerpts supporting defendant’s motion for summary 22 judgment, he needs a complete copy of the transcript in order to oppose defendant’s motion. (ECF. 23 No. 55, 60). 24 By his motion, it appears that Plaintiff is seeking a free copy of his full deposition transcript 25 from Defendant. (ECF No. 60 at 5). Defendant is not required to provide plaintiff with a copy of his 26 deposition transcript. See Boston v. Garcia, 2013 U.S. Dist. LEXIS 38921, 2013 WL 1165062 at *2 27 28 1 Plaintiff’s motion also asks the court take “mandatory judicial notice of the deposition transcripts lodged with the court clerk.” (ECF No. 55). 1 1 (E.D. Cal. Mar. 20 2013) (denying plaintiff’s request that the court order defendants to provide him 2 with a copy of his deposition transcript). There also is no statutory requirement for the Court or the 3 government to provide a litigant proceeding in forma pauperis with copies of deposition transcripts. 4 See 28 U.S.C. § 1915; see also Tedder v. Odel, 890 F.2d 210, 211 (9th Cir. 1989) (“the expenditure of 5 public funds [on behalf of an indigent litigant] is proper only when authorized by Congress”) (citation 6 omitted); Tabron v. Grace, 6 F.3d 147, 158-59 (3d Cir. 1993) (finding no abuse of discretion because 7 there was no authorization for the court to commit federal monies to provide indigent litigants with 8 copies of deposition transcripts). 9 defendant to provide Plaintiff with a copy of his deposition transcript and the Court will not provide 10 Accordingly, the Court will not order defense counsel or the Plaintiff with a copy of his deposition transcript. 11 However, Plaintiff may obtain a copy of his deposition transcript from the court 12 reporter/deposition officer provided he pays the required fee. See Fed. R. Civ. P. 30(f)(3) (“when paid 13 reasonable charges, the officer must furnish a copy of the transcript or recording to any party or the 14 deponent.”). If Plaintiff requires contact information for the court reporter, he is directed to seek such 15 information from defense counsel. 16 For the above reasons, IT IS HEREBY ORDERED that: 17 1. Plaintiff’s request for a copy of the deposition transcript, without charge, is DENIED; 18 2. Plaintiff’s request for “mandatory judicial notice” of the deposition transcript lodged by Defendant is DENIED as MOOT; 19 3. 20 Within thirty (30) days from the date of service of this order, Plaintiff SHALL file a response to Defendant’s Motion for Summary Judgment; 21 22 //// 23 //// 24 //// 25 //// 26 //// 27 //// 28 //// 2 1 4. Plaintiff’s opposition. No further extensions of time will be given. 2 3 4 Defendant shall file a reply, if any, within seven (7) days from the date of service of The failure to comply with this order will result in dismissal of this action, with prejudice, for failure to obey court orders and failure to prosecute. 5 6 7 8 IT IS SO ORDERED. Dated: /s/ Barbara September 27, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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