Torres v. Patel et al

Filing 49

ORDER DENYING 47 Plaintiff's Motion to Compel signed by Magistrate Judge Stanley A. Boone on 6/26/2020. (Jessen, A)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9

MIGUEL TORRES.,

10
11
12
13

Plaintiff,
v.
ISMAIL PATEL, et.al.,
Defendants.

14
15

)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:18-cv-00188-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION TO
COMPEL
[ECF No. 47]

16
17
18

Plaintiff Miguel Torres is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

19

Currently before the Court is Plaintiff’s motion to compel, filed on April 23, 2020. (ECF No.

20

23.) Plaintiff seeks to compel Defendants to provide him a free copy of his deposition transcript.

21

Plaintiff’s motion must be denied.

22

Defendants are not required to provide Plaintiff with a copy of his deposition transcript. See

23

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

24

(denying plaintiff’s request that the court order defendants to provide him with a copy of his

25

deposition transcript). Moreover, Plaintiff cannot obtain a copy of his deposition transcript free of

26

charge through a request for production. See Joseph v. Parciasepe, No. 2:14-cv-0414 GEB ACP, 2016

27

WL 2743448, at *4 (E.D. May, 11, 2016) (denying motion to compel production of a free copy of a

28

deposition transcript). Furthermore, although Plaintiff is proceeding in forma pauperis, “ ‘the
1

1

expenditure of public funds [on behalf of an indigent litigant] is proper only when authorized by

2

Congress.’ ” Tedder v. Odel, 890 F.2d 210, 211 (9th Cir. 1989) (quoting United States v. MacCollom,

3

426 U.S. 317, 321 (1976). The expenditure of public funds for deposition transcripts is not authorized

4

by the in forma pauperis statute or any other statute. See 28 U.S.C. § 1915. Pursuant to Federal Rule

5

of Civil Procedure 30, a party may obtain a copy of the deposition transcript upon reasonable payment

6

of fees from the officer before whom the deposition was taken—a court reporter or deposition officer.

7

See Fed. R. Civ. P. 30(f)(3); Clairborne v. Battery, No. CIV S-06-2919 FCD EFB, 2009 WL 530352,

8

at *3 (E.D. Cal. Mar. 3, 2009) (denying plaintiff's request for a court order directing the defendant to

9

provide him with a copy of his deposition transcript); Brown v. Castillo, No. CV F-02-6018 AWI

10

DLB, 2006 WL 1408452, at *1 (E.D. Cal. May 22, 2006) (same). Accordingly, Plaintiff’s motion to

11

compel Defendants to provide him a free copy of the deposition transcript is DENIED.

12
13

IT IS SO ORDERED.

14

Dated:

15

June 26, 2020
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
2