Van Buren v. Waddle et al

Filing 64

ORDER DENYING 60 Plaintiff's Request for Deposition Transcripts at Government Expense signed by Magistrate Judge Michael J. Seng on 10/12/2016. (Jessen, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 IRVIN VAN BUREN, 11 12 13 14 Plaintiff, v. C. WADDLE, et al., Defendants. CASE NO. 1:14-cv-01894-DAD-MJS (PC) ORDER DENYING PLAINTIFF’S REQUEST FOR DEPOSITION TRANSCRIPTS AT GOVERNMENT EXPENSE (ECF No. 60) 15 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 18 rights action brought pursuant to 42 U.S.C. § 1983. The case proceeds on Plaintiff’s first 19 amended complaint (“FAC”) against Defendants Neibert, Ronquillo, and Walinga for 20 excessive force under the Eighth Amendment and against Defendant Waddle for 21 excessive force and failure to protect under the Eighth Amendment. (ECF No. 7.) 22 On September 16, 2016, Plaintiff filed a motion for a Court order requiring 23 Defendants to provide, at government expense, copies of deposition transcripts of 24 inmate witnesses. (ECF No. 60.) Defendants have not opposed this motion, and the time 25 for doing so has passed. It is submitted. Local Rule 230(l). 26 Plaintiff is not entitled to deposition transcripts furnished at the government’s 27 expense. Allen v. Hernandez, No. 1:05-cv-00145-AWI-SMS-PC, 2008 WL 4078742 (E.D. 28 Cal. Aug. 29, 2008). While a litigant who has been granted in forma pauperis status may 1 1 move for transcripts at the government’s expense under limited circumstances, see 28 2 U.S.C. §§ 753(f) and 1915(c), those circumstances are not present here. See Tedder v. 3 Odel, 890 F.2d 210, 211 (9th Cir. 1989) (“[T]he expenditure of public funds [on behalf of 4 an indigent litigant] is proper only when authorized by Congress....”) (internal quotations 5 omitted). If Plaintiff wishes to obtain copies of deposition transcripts for his own records, 6 he must pay for them. Fed. R. Civ. P. 30(f)(3). 7 8 Accordingly, Plaintiff’s motion for deposition transcripts at the government’s expense is DENIED. 9 10 11 IT IS SO ORDERED. Dated: October 12, 2016 /s/ 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Michael J. Seng 2

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