Clark v. McGuire et al
Filing
26
ORDER signed by Magistrate Judge Kendall J. Newman on 9/25/13 denying 25 Motion for transcript. (Dillon, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
LOUREECE CLARK,
12
Plaintiff,
13
14
No. 2: 12-cv-2159 LKK KJN P
v.
ORDER
THOMAS McGUIRE, et al.,
15
Defendants.
16
Plaintiff is a state prisoner, proceeding without counsel and in forma pauperis, with a civil
17
18
rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s September 13,
19
2013 motion for a copy of his deposition transcript. Plaintiff requests that the fee for the
20
transcript be waived.
Although the court granted plaintiff leave to proceed in forma pauperis, “’the expenditure
21
22
of public funds [on behalf of an indigent inmate] is proper only when authorized by Congress.’”
23
Tedder v. Odel, 890 F.2d 210, 211 (9th Cir. 1989) (quoting United States v. MacCollom, 426
24
U.S. 317, 321 (1976)). The expenditure of public funds for deposition transcripts is not
25
authorized by the in forma pauperis statute of any other statute. See 28 U.S.C. § 1915.
26
////
27
////
28
////
1
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for a transcript (ECF No.
1
2
25) is denied.
3
Dated: September 25, 2013
4
5
6
cl2159.tra
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?