Gipbsin v. Deforest, Goni, Prater, Shelton and Stone

Filing 251

ORDER signed by Chief Judge Morrison C. England, Jr on 12/20/12 GRANTING 246 Motion for Transcript at Government's expense. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLARENCE A. GIPBSIN,

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Plaintiff,
vs.

ORDER

SCOTT KERNAN, et al.,
Defendants.

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No. 2:07-cv-0157 MCE EFB P

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Plaintiff, who proceeds in forma pauperis on appeal, seeks a copy of the trial

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transcript at the government’s expense. Transcript fees shall “be paid by the United States if the

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trial judge or a circuit judge certifies that the appeal is not frivolous (but presents a substantial

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question).” 28 U.S.C. § 753(f); 28 U.S.C. § 1915(c); McKinney v. Anderson, 924 F.2d 1500,

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1511 (9th Cir. 1991). Plaintiff fails to show that his appeal presents a substantial question or that

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he is otherwise entitled to a transcript at the government’s expense.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for a copy of the
trial transcript at the government’s expense is GRANTED.
Dated: December 20, 2012

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MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE