Baldwin v. California Department of Corrections and Rehabilitation et al

Filing 173

ORDER signed by Judge Kimberly J. Mueller on 05/19/15 ORDERING that the 170 , 172 transcript request is DENIED. Any further relief must be sought from the United States Court of Appeals for the Ninth Circuit. (Benson, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY V. BALDWIN, 12 Plaintiff, 13 14 v. No. 2:09-cv-00711-KJM-AC ORDER J. FANNON, et al., 15 Defendants. 16 17 18 A jury trial was conducted in this case on October 6 through 9, 2014. See Minutes, 19 ECF Nos. 155, 156, 158, 161. On October 9, 2014, the jury returned a unanimous verdict in favor 20 of the defendants, Verdict, ECF No. 163, and a judgment was entered on October 15, 2014, ECF 21 No. 166. On October 27, 2014, plaintiff Gregory Baldwin filed a notice of appeal. ECF No. 167. 22 Mr. Baldwin appeals “the Judgment of the Jury denying [him] punitive damages and dismissing 23 the action with prejudice.” Id. at 1. On December 1, 2014, Mr. Baldwin also filed a request for 24 transcripts at government expense. ECF No. 170. Although Mr. Baldwin was represented at 25 trial, his notice of appeal and request for transcripts at government expense were filed without 26 representation. 27 28 A litigant proceeding in forma pauperis may move for the production of transcripts at government expense “if the trial judge or a circuit judge certifies that the appeal is 1 1 not frivolous (but presents a substantial question).” 28 U.S.C. § 753(f). See also 28 U.S.C. 2 § 1915(c) (defining circumstances in which the court can direct the government to pay for 3 transcript requests). Such a request is granted only if “the appeal presents a substantial issue.” 4 Henderson v. United States, 734 F.2d 483, 484 (9th Cir. 1984). 5 Here, the court can find no substantial issue or question in the appeal. Mr. 6 Baldwin’s notice of appeal and request for transcripts also provide no justification or argument. 7 The request is DENIED. Any further relief must be sought from the United States Court of 8 Appeals for the Ninth Circuit. 9 10 IT IS SO ORDERED. DATED: May 19, 2015. 11 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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