Ware v. McDonald et al

Filing 87

ORDER signed by Magistrate Judge Kendall J. Newman on 8/11/2015 DENYING plaintiff's 86 request, without prejudice. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARTIN WARE,

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No. 2:12-cv-1505 TLN KJN P
Plaintiff,

v.

ORDER

M. McDONALD, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, with a civil rights

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action pursuant to 42 U.S.C. § 1983. On July 27, 2015, plaintiff wrote the court indicating that

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his deposition was taken, and that he would like to make arrangements to read, sign, and receive a

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copy of the deposition transcript. It also appears that plaintiff seeks to seal a portion of the

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transcript from the public record.

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First, plaintiff must make arrangements with the court reporter in order to read, review

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and sign the deposition transcript. If plaintiff does not have this information, he may seek it from

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defense counsel. Plaintiff should be allowed to take notes during his review of the deposition

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transcript.

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Second, there is no statutory requirement for the government to provide a litigant

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proceeding in forma pauperis with copies of a deposition transcript. See 28 U.S.C. § 1915(d).

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See also Whittenberg v. Roll, 2006 WL 657381 at *5 (E.D. Cal. Mar.15, 2006) (denying
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plaintiff’s motion to compel defendant to provide him with a copy of the deposition transcript free

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of charge). Moreover, under Rule 30(f)(3) of the Federal Rules of Civil Procedure, the officer

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before whom a deposition is taken must retain stenographic notes of the proceedings or a copy of

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the recording of a deposition taken by different method. Id. The officer must also provide a copy

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of the transcript to any party or to the deponent upon payment of reasonable charges therefor. Id.

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Thus, the court will not order defense counsel or the defendant to provide plaintiff with a copy of

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his deposition transcript. Plaintiff must obtain it from the officer before whom the deposition was

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taken. See Boston v. Garcia, 2013 WL 1165062 at *2 (E.D. Cal. Mar.20, 2013) (denying

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plaintiff’s request for a court order directing the defendant to provide him with a copy of his

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deposition transcript). Thus, plaintiff’s request for a free copy of the deposition transcript is

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denied.

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Finally, with regard to plaintiff’s request to seal portions of the deposition transcript, it is

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unclear whether defendants intend to submit those portions as part of the court record. Thus, the

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parties shall cooperate in an effort to identify any portions of the deposition transcript to be

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sealed, and submit an appropriate stipulation, if any such portions are going to be filed as part of

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the court record.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request (ECF No. 86) is denied

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without prejudice.

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Dated: August 11, 2015

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/ware1505.dep

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