Jones v. Mailroom Officials, et al.

Filing 31

ORDER DENYING Plaintiff's Request 30 for Transcript, signed by Magistrate Judge Sheila K. Oberto on 4/4/2019. (Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

GARLAND A. JONES,

11
12
13
14
15

Plaintiff,

Case No. 1:17-cv-00281-LJO-SKO (PC)
Appeal No. 19-15345
ORDER DENYING PLAINTIFF’S
REQUEST FOR TRANSCRIPT

v.
MAILROOM OFFICIALS, et al.,

(Doc. 30)
Defendants.
_____________________________________/

16
17

Plaintiff, Garland Jones, a state prisoner proceeding pro se and in forma pauperis, filed suit

18

pursuant to 42 U.S.C. § 1983. On January 9, 2019, an order issued dismissing this action based

19

on Plaintiff’s failure or inability to state a cognizable claim, and judgment was entered. (Docs.

20

22-25.) Plaintiff filed a notice of appeal, and on April 2, 2019, Plaintiff filed a “Transcript

21

Order” seeking copies trial transcripts. (Doc. 30.)

22

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

23

produced at government expense. Two statutes must be considered whenever the district court

24

receives a request to prepare transcripts at the government’s expense. First, 28 U.S.C. § 1915(c)

25

defines the limited circumstances under which the Court can direct the government to pay for

26

transcripts for a litigant proceeding in forma pauperis.

27
28

(c) Upon the filing of an affidavit in accordance with subsections (a) and (b) and the
prepayment of any partial filing fee as may be required under subsection (b), the
court may direct payment by the United States of the expenses of (1) printing the

1

record on appeal in any civil or criminal case, if such printing is required by the
appellate court; (2) preparing a transcript of proceedings before a United States
magistrate judge in any civil or criminal case, if such transcript is required by the
district court, in the case of proceedings conducted under section 636(b) of this title
or under section 3401(b) of title 18, United States Code; and (3) printing the record
on appeal if such printing is required by the appellate court, in the case of proceedings
conducted pursuant to section 636(c) of this title. Such expenses shall be paid when
authorized by the Director of the Administrative Office of the United States Courts.

2
3
4
5

28 U.S.C. § 1915(c).

6
7
8
9
10
11
12
13

Second, 28 U.S.C. § 753(f) allows the Court to order the government to pay for transcripts
only if “the trial judge or a circuit judge certifies that the suit or appeal is not frivolous and that
the transcript is needed to decide the issue presented by the suit or appeal.” A request for a
transcript at government expense should not be granted unless “the appeal presents a substantial
issue.” Henderson v. United States, 734 F.2d 483, 484 (9th Cir. 1984). Here, the Court does not
find that Plaintiff’s appeal presents any substantial issues. This action was also resolved at the
screening stage, so no trial took place and no transcripts exist to copy for Plaintiff, and the Ninth
Circuit has electronic access to and may review all documents filed in this action.

14
15
16

Based on the foregoing, Plaintiff’s request for copies of a transcript, filed on April 2, 2019,
(Doc. 30), is HEREBY DENIED. The Clerk’s Office shall serve a copy of this order on the
United States Court of Appeals for the Ninth Circuit.

17
18 IT IS SO ORDERED.
19
Dated:
20

April 4, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28
2

.