Allred v. California Department of Corrections & Rehabilitation et al

Filing 52

ORDER DENYING Plaintiff's 51 Motion for Defendants to Provide a Free Copy of Deposition Transcript, signed by Magistrate Judge Stanley A. Boone on 1/29/2019. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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CALIFORNIA DEPARTMENT OF
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CORRECTIONS AND REHABILITATION,
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et al.,
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Defendants.
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JESSE D. ALLRED,

Case No.: 1:16-cv-01571-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR DEFENDANTS TO PROVIDE A FREE
COPY OF DEPOSITION TRANSCRIPT
[ECF No. 51]

Plaintiff Jesse D. Allred is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s request for Defendants to provide him a free copy of
the deposition transcript, filed January 25, 2019.

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Federal Rule of Civil Procedure 30 provides that when paid reasonable charges, the deposition

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officer must furnish a copy of the transcript or recording to any party or the deponent. Fed. R. Civ. P.

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30(f)(3). Similarly, California Code of Civil Procedure section 2025.510(c) provides that the deponent

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must obtain a copy of any deposition transcripts at his own expense. In addition, there is no statutory

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requirement for the government to provide a litigant proceeding in forma pauperis with copies of a

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deposition transcript. See 28 U.S.C. § 1915(d); see also Whittenberg v. Roll, No. 2:04-cv-2313 FCD

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JFM, 2006 WL 657381 at *5 (E.D. Cal. Mar. 15, 2006) (denying plaintiff’s motion to compel

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defendant to provide him with a copy of the deposition transcript free of charge).
Plaintiff’s motion for a complimentary copy of the deposition transcript must be denied. As

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stated above, the Court cannot order the court reporter, defense counsel, or defendants, to provide

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Plaintiff a copy of the deposition transcript free of charge. Plaintiff must obtain the deposition

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transcript from the officer before whom the deposition was taken on October 6, 2015. See Boston v.

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Garcia, No. 2:10-cv-1782 KJM DAD, 2013 WL 1165062 at *2 (E.D. Cal. Mar. 20, 2013) (denying

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plaintiff’s request for a court order directing the defendant to provide him with a copy of his

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deposition transcript). Accordingly, Plaintiff’s request a free copy of the deposition transcript is

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denied. Plaintiff is advised that his opposition to Defendants’ motion for summary judgment is

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presently due on or before February 1, 2019.

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IT IS SO ORDERED.

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Dated:

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January 29, 2019
UNITED STATES MAGISTRATE JUDGE

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