Nicholson v. Medina et al

Filing 32

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/2011 ORDERING that pltf's 27 motion to compel is DENIED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELDRED NICHOLSON,
Plaintiff,

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vs.

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No. CIV S-10-1425 KJM EFB P

D. MEDINA, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. Plaintiff moves to compel nonparty, Carol Nygard & Associates, to produce a

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deposition transcript, and for defendant Medina to pay for both the transcript and for plaintiff’s

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expenses in obtaining this order. Dckt. No. 27. Defendants Medina and Shaw oppose plaintiff’s

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motion. Dckt. No. 28. The officer before whom a deposition is taken must retain stenographic

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notes of the proceedings. Fed. R. Civ. P. 30(f)(3). “When paid reasonable charges, the officer

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must furnish a copy of the transcript . . . to any party or deponent.” Id. Thus, after plaintiff pays

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for a copy of his deposition transcript, he may then obtain it from the officer before whom the

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deposition was taken. Plaintiff cites to no authority suggesting defendants should instead, be

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forced to bear this cost.

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Additionally, although plaintiff is proceeding in forma pauperis, the expenditure of

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public funds on behalf of an indigent litigant is proper only when authorized by Congress.

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Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989). The in forma pauperis statute does not authorize

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the expenditure of public funds for transcripts. See 28 U.S.C. § 1915.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s July 12, 2011 motion, is denied.
Dated: October 17, 2011.

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