Harris v. Kennedy et al

Filing 38

ORDER signed by Magistrate Judge Deborah Barnes on 08/08/17 denying 37 plaintiff's discovery motion. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID D. HARRIS, 12 13 14 No. 2:16-cv-0588 DB P Plaintiff, v. ORDER N. KENNEDY, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 18 action under 42 U.S.C. § 1983. Plaintiff alleges defendants failed to take appropriate action 19 when plaintiff attempted suicide in August 2015. Before the court is plaintiff’s “Discovery 20 Motion.” (ECF No. 37.) Plaintiff requests the court order defendants to provide him copies of 21 the transcript of his deposition and of two documents which were apparently produced during the 22 deposition. 23 To the extent plaintiff is requesting the court order defendant to provide plaintiff a copy of the 24 transcript free of charge, the court will not do so. There is no statutory requirement for the 25 government to provide a litigant proceeding in forma pauperis with a copy of a deposition 26 transcript. See 28 U.S.C. § 1915(d); see also Whittenberg v. Roll, No. 2:04–cv–2313 FCD JFM, 27 2006 WL 657381, at *5 (E.D. Cal. Mar. 15, 2006) (denying plaintiff's motion to compel 28 defendant to provide him with a copy of the deposition transcript free of charge). 1 1 Moreover, under Rule 30(f)(3) of the Federal Rules of Civil Procedure, the officer before 2 whom a deposition is taken must provide a copy of the transcript to any party or to the deponent 3 upon payment of reasonable charges therefor. Id. Thus, the court will not order the court 4 reporter, defense counsel, or the defendant to provide plaintiff with a copy of his deposition 5 transcript without charge. Plaintiff must obtain the deposition transcript from the officer before 6 whom the deposition was taken on. See Boston v. Garcia, No. 2:10–cv–1782 KJM DAD, 2013 7 WL 1165062, at *2 (E.D. Cal. Mar. 20, 2013) (denying plaintiff's request for a court order 8 directing the defendant to provide him with a copy of his deposition transcript). 9 For these reasons, IT IS HEREBY ORDERED that plaintiff’s “discovery motion” (ECF No. 10 37) is denied. 11 Dated: August 8, 2017 12 13 14 15 16 17 DLB:9 DLB1/prisoner-civil rights/harr0588.mot for trscrpt 18 19 20 21 22 23 24 25 26 27 28 2

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