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