Chan v. County of Sacramento et al

Filing 118

ORDER signed by Judge Morrison C. England, Jr on 3/14/12 GRANTING Plaintiff's Request for Transcripts at Government Expense. The court reporter is directed to provide Plaintiff with a transcript of the 12/15/11 hearing. (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MADY CHAN,

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Plaintiff,

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No. 2:09-cv-02006-MCE-GGH

v.

ORDER

COUNTY OF SACRAMENTO, et al.,

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Defendants.

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----oo0oo----

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Before the Court is pro se Plaintiff Mady Chan’s Request for

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Transcripts at Government Expense(ECF No. 116).

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that follow, the Request is GRANTED.

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For the reasons

A litigant who has been granted in forma pauperis status may

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move to have transcripts produced at government expense.

See

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28 U.S.C. § 753(f); McKinney v. Anderson, 924 F.2d 1500, 1511-12

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(9th Cir. 1991).

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district court receives a request to prepare transcripts at the

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government's expense.

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Two statutes must be considered whenever the

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First, 28 U.S.C. § 1915(c) defines the limited circumstances

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under which the court can direct the government to pay for

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transcripts for a litigant proceeding in forma pauperis.

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(c) Upon the filing of an affidavit in accordance with
subsections (a) and (b) and the prepayment of any
partial filing fee as may be required under subsection
(b), the court may direct payment by the United States
of the expenses of (1) printing the record on appeal in
any civil or criminal case, if such printing is
required by the appellate court; (2) preparing a
transcript of proceedings before a United States
magistrate judge in any civil or criminal case, if such
transcript is required by the district court, in the
case of proceedings conducted under section 636(b) of
this title or under section 3401(b) of title 18, United
States Code; and (3) printing the record on appeal if
such printing is required by the appellate court, in
the case of proceedings conducted pursuant to section
636(c) of this title. Such expenses shall be paid when
authorized by the Director of the Administrative Office
of the United States Courts.

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28 U.S.C. § 1915(c).

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Second, 28 U.S.C. § 753(f) allows the court to order the

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government to pay for transcripts only if “the trial judge or a

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circuit judge certifies that the appeal is not frivolous (but

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presents a substantial question).”

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request for a transcript at government expense should not be

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granted unless the appeal presents a substantial question.

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Henderson v. United States, 734 F.2d 483, 484 (9th Cir. 1984).

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28 U.S.C. § 753(f).

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Plaintiff is proceeding pro se and the magistrate judge has

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determined that Plaintiff is entitled to continue his

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in forma pauperis status on appeal and that the appeal is not

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frivolous.

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The Court is in accord with these findings and GRANTS Plaintiff’s

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Request for Transcripts at Government Expense.

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reporter is directed to provide Plaintiff with a transcript of

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the December 15, 2011 hearing.

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The court

IT IS SO ORDERED.
Dated: March 14, 2012

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

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