Kindred v. Allenby et al

Filing 66

ORDER DENYING Plaintiff's 58 Request for Reporter's Transcript at Government Expense signed by Magistrate Judge Michael J. Seng on 1/17/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD S. KINDRED,

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Plaintiff,

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v.
KENNETH BELL, et al.,
Defendants.

CASE NO. 1:14-cv-01652-AWI-MJS (PC)
ORDER DENYING PLAINTIFF’S
REQUEST FOR REPORTER’S
TRANSCRIPT AT GOVERNMENT
EXPENSE
(ECF No. 58)

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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s

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First Amendment claims against Defendants Bigot and Bell. (ECF Nos. 16, 19.) Plaintiff

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filed two motions for injunctive relief requesting that the Court enjoin non-parties from

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confiscating Plaintiff’s Native American religious items and preventing the delivery of

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religious packages. (ECF Nos. 18, 34.) Plaintiff’s motions were denied (ECF Nos. 41,

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44), and Plaintiff submitted a motion construed as a notice of appeal to the Ninth Circuit

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regarding that denial. (ECF No. 53.) This appeal is currently pending.

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Before the Court is Plaintiff’s December 26, 2017, motion requesting, at

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government expense, the transcripts that “cover petitioners’ [sic] temporary restraining

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order and preliminary injunction”. (ECF No. 58.) Defendants filed a response that no

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transcripts will be ordered in connection with the appeal as no oral argument was

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presented. (ECF No. 60.)

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A litigant who has been granted in forma pauperis status may move to have

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transcripts produced at government expense. See 28 U.S.C. § 753(f); McKinney v.

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Anderson, 924 F.2d 1500, 1511-12 (9th Cir. 1991), overruled on other grounds by

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Helling v. McKinney, 502 U.S. 903 (1991). Two statutes must be considered whenever

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the District Court receives a request to prepare transcripts at the government’s expense.

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First, 28 U.S.C. § 1915(c) provides for the limited circumstances under which the Court

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can direct the government to pay for transcripts for a litigant proceeding in forma

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pauperis. Second, 28 U.S.C. § 753(f) allows the Court to order the government to pay for

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transcripts only if “the trial judge or a circuit judge certifies that the appeal is not frivolous

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(but presents a substantial question).” 28 U.S.C. § 753(f); Henderson v. United States,

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734 F.2d 483, 484 (9th Cir. 1984).

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Here, there was no hearing regarding Plaintiff’s injunction requests, and thus no

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transcript exists. (See ECF No. 60.) In addition, Plaintiff is notified that the Court of

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Appeals has access to the District Court's file in this case, and will request directly from

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this Court any necessary documents from the record. If Plaintiff desires copies of

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documents contained in the record he may request them from the District Court Clerk at

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$0.50 per page.

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Based on the foregoing, it is HEREBY ORDERED that Plaintiff's Motion for
Reporter’s Transcript at Government Expense (ECF No. 58) is DENIED.

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IT IS SO ORDERED.
Dated:

January 17, 2018

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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