Meadows v. Porter et al

Filing 145

ORDER signed by Senior Judge Howard D. McKibben on 07/12/10 ORDERING that plf's 143 Motion for production of transcripts at government expense is DENIED. (Benson, A.)

(PC) Meadows v. Porter et al

Doc. 145

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 On May 26, 2010, plaintiff filed a motion seeking production 20 of trial transcripts in connection with his appeal of the judgment 21 in this action (#143). 22 plaintiff to supplement his motion to set forth the basis for his 23 appeal and the reasons he needs trial transcripts in connection 24 with the appeal. 25 or before July 1, 2010. 26 any supplement. 27 There is no indication on the record that any transcripts have 28 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

HENRY MEADOWS,

) ) Plaintiff, ) ) vs. ) ) PORTER, et al., ) ) Defendants. ) _________________________________ )

2:07-cv-00475-HDM-RAM ORDER

On June 16, 2010, the court ordered

Plaintiff was ordered to file his supplement on As of this date, plaintiff has not filed

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 27 28

been made in this action.

Thus, there is nothing the court can The court therefore construes

order be produced to the plaintiff.

plaintiff's motion as one for production of a transcript at government expense. See 28 U.S.C. § 753(f).

Under 28 U.S.C. § 753(f), "[f]ees for transcripts furnished in . . . proceedings to persons permitted to appeal in forma pauperis shall . . . be paid by the United States if the trial judge or a circuit judge certifies that the appeal is not frivolous (but presents a substantial question)." Because plaintiff has failed to

provide this court with the basis for his appeal and the reasons he needs the trial transcript, the court cannot determine that his appeal is not frivolous or that it presents a substantial question. Accordingly, plaintiff's motion for production of transcripts at government expense (#143) is DENIED. IT IS SO ORDERED. DATED: This 12th day of July, 2010.

____________________________ UNITED STATES DISTRICT JUDGE

2