Cole v. Carey, et al

Filing 52

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/30/2009 DENYING 49 without prejudice, motion for assistance filed by Walter Lee Cole. (Reader, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. TOM CAREY, et al., Defendants. / On January 8, 2009, plaintiff filed a motion requesting that the court assist him in obtaining the transcript from his deposition. Plaintiff appears to claim that Esquire Deposition Services sent him a copy of his deposition transcript and a form for making changes. Plaintiff reviewed the deposition, made his changes and returned the documents to Esquire Deposition. Plaintiff then sent a letter to Esquire Deposition on November 25, 2008, asking for a copy of his deposition transcript for his own records. Plaintiff claims that Esquire Deposition has not responded to his request. If plaintiff wants a copy of his deposition transcript, he is required to pay for it. The trust account statement attached to plaintiff's January 8, 2009, pleading indicates that he had a negative balance as of July 2008. Because it does not appear that plaintiff can afford to pay for the transcript, the motion requesting assistance in obtaining the transcript is denied without 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA WALTER LEE COLE, Plaintiff, No. CIV S-06-0336 GEB GGH P

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prejudice. If plaintiff believes he can afford to pay for the transcript, he should submit a new request to Esquire Deposition, including a request for information regarding how to arrange for payment. If Esquire Deposition does not respond to this request, he may refile his motion for assistance in obtaining the deposition transcript. Accordingly, IT IS HEREBY ORDERED that plaintiff's January 8, 2009, motion for assistance (no. 49) is denied without prejudice. DATED: January 30, 2009 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE

cole336.dep

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