Quiroga v. King et al

Filing 48

ORDER DENYING Plaintiff's 46 Motion for Transcripts and Excerpts of Record signed by Magistrate Judge Michael J. Seng on 4/14/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MONICO J. QUIROGA, III,

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Plaintiff,
v.
TIMOTHY KING, et al.

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CASE NO. 1:15-cv-01697-AWI-MJS (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR TRANSCRIPTS AND EXCERPTS OF
RECORD
(ECF No. 46)

Defendants.

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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 action was dismissed with

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prejudice for failure to state a claim, and Plaintiff appealed. (ECF Nos. 38 & 42.) Before

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the Court is Plaintiff’s March 13, 2017 motion for transcripts and excerpts of record.

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(ECF No. 46.)

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No hearings were conducted in this case. There are no transcripts to be
produced. Plaintiff’s request for transcripts will be denied on that basis.

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In passing, the Court advises Plaintiff that Ninth Circuit rules do not require pro se

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appellants to submit excerpts of record. Ninth Circuit Rule 17-1.2(a). Furthermore,

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Plaintiff's in forma pauperis status does not entitle plaintiff to copies of the record at

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government expense where not required by the appellate court. See 28 U.S.C. §

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1915(c). Accordingly, this request will be denied on that ground as well..

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Based on the foregoing, Plaintiff’s motion for transcripts and excerpts of record is
HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

April 14, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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