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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IRVIN VAN BUREN,

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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)

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Plaintiff is a state prisoner 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 case proceeds on Plaintiff’s first

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amended complaint (“FAC”) against Defendants Neibert, Ronquillo, and Walinga for

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excessive force under the Eighth Amendment and against Defendant Waddle for

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excessive force and failure to protect under the Eighth Amendment. (ECF No. 7.)

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On September 16, 2016, Plaintiff filed a motion for a Court order requiring

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Defendants to provide, at government expense, copies of deposition transcripts of

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inmate witnesses. (ECF No. 60.) Defendants have not opposed this motion, and the time

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for doing so has passed. It is submitted. Local Rule 230(l).

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Plaintiff is not entitled to deposition transcripts furnished at the government’s

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expense. Allen v. Hernandez, No. 1:05-cv-00145-AWI-SMS-PC, 2008 WL 4078742 (E.D.

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Cal. Aug. 29, 2008). While a litigant who has been granted in forma pauperis status may
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move for transcripts at the government’s expense under limited circumstances, see 28

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U.S.C. §§ 753(f) and 1915(c), those circumstances are not present here. See Tedder v.

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Odel, 890 F.2d 210, 211 (9th Cir. 1989) (“[T]he expenditure of public funds [on behalf of

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an indigent litigant] is proper only when authorized by Congress....”) (internal quotations

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omitted). If Plaintiff wishes to obtain copies of deposition transcripts for his own records,

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he must pay for them. Fed. R. Civ. P. 30(f)(3).

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Accordingly, Plaintiff’s motion for deposition transcripts at the government’s
expense is DENIED.

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IT IS SO ORDERED.
Dated:

October 12, 2016

/s/

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UNITED STATES MAGISTRATE JUDGE

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Michael J. Seng

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