McNeal v. Fleming, et al

Filing 392

ORDER signed by District Judge Troy L. Nunley on 8/22/18 DENYING without prejudice 391 Request for Transcripts. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VERNON WAYNE McNEAL,

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No. 2:02-cv-02524-TLN-CKD

Plaintiff,

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v.

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FLEMING, et al.,

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ORDER

Defendant.

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This matter is before the Court pursuant to Plaintiff Vernon McNeal’s (“Plaintiff”)

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Request for Transcripts at Government Expense. (ECF No. 391.) Transcript requests by persons

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permitted to appeal in forma pauperis shall be paid by the United States if the trial judge certifies

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the appeal is not frivolous. 28 U.S.C. § 753(f). Plaintiff’s request includes only a single sentence

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seeking transcripts be provided at the government’s expense. (ECF No. 391.) Plaintiff does not

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explain why the appeal is not frivolous or on what grounds Plaintiff appeals the jury verdict. Nor

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can the Court glean from the notice of appeal the grounds for Plaintiff’s appeal. (See ECF No.

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388.) Accordingly, the Court is unable to determine if the appeal is frivolous. Therefore,

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Plaintiff’s request is DENIED without prejudice. Plaintiff may resubmit his request with

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additional information detailing the grounds for his appeal and a discussion of why the appeal is

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not frivolous.

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IT IS SO ORDERED
Dated: August 22, 2018

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Troy L. Nunley
United States District Judge

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