Easley v. County of El Dorado Probation Department et al

Filing 50

ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/11 ORDERING that the Clerk of the Court send pltf a copy of the 48 10/21/10 hearing transcript. (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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GARY D. EASLEY,

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Plaintiff,

No. 2:08-cv-01432 MCE KJN PS

v.
COUNTY OF EL DORADO, et al.,

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Defendants.

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ORDER
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On February 11, 2011, this court entered judgment in favor of defendants in this

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case, and plaintiff subsequently filed a notice of appeal. (Judgment, Dkt. No. 41; Notice of

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Appeal, Dkt. No. 42.) Presently before the court is plaintiff’s “Inquiry Regarding the Transcripts

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of the Hearing Held on 10/21/2010 In This Case,” through which plaintiff seeks information

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pertaining to whether a transcript of a hearing held before the undersigned on October 21, 2010,

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was prepared and how he might obtain a copy.1 (Inquiry, July 7, 2011, Dkt. No. 49.) Plaintiff

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and defendants requested the production of a transcript of the October 21, 2010 hearing (Dkt.

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Nos. 43, 45), and such a transcript was entered on the court’s docket on March 28, 2011.

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(Transcript, Dkt. No. 48.) The docket text accompanying the entry of the 12-page transcript on

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This case proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
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the docket states:
TRANSCRIPT of Defendant's Motion to Dismiss Proceedings held on
10/21/2010, before Magistrate Judge Kendall J. Newman. Transcript may
be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER. Any
Notice of Intent to Request Redaction must be filed within 5 court days.
Redaction Request due 4/18/2011. Redacted Transcript Deadline set for
4/28/2011. Release of Transcript Restriction set for 6/27/2011 . . . .

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It appears from the docket that plaintiff, who is proceeding pro se and thus does not receive

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electronic notices of court filings, see Local Rule 133(b)(2), was never served with notice of the

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docket entry pertaining to the production of the transcript. In light of this inadvertent lack of

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notice and plaintiff’s IFP status, the undersigned directs the Clerk of Court to send a copy of the

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relevant transcript to plaintiff.

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For the foregoing reasons, IT IS HEREBY ORDERED that the Clerk of Court is

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directed to send to plaintiff a copy of the 12-page transcript of the October 21, 2010 hearing,

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which appears on the court’s docket at docket entry number 48.

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IT IS SO ORDERED.
DATED: July 11, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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