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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID D. HARRIS,

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No. 2:16-cv-0588 DB P

Plaintiff,
v.

ORDER

N. KENNEDY, 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 under 42 U.S.C. § 1983. Plaintiff alleges defendants failed to take appropriate action

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when plaintiff attempted suicide in August 2015. Before the court is plaintiff’s “Discovery

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Motion.” (ECF No. 37.) Plaintiff requests the court order defendants to provide him copies of

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the transcript of his deposition and of two documents which were apparently produced during the

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deposition.

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To the extent plaintiff is requesting the court order defendant to provide plaintiff a copy of the

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transcript free of charge, the court will not do so. There is no statutory requirement for the

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government to provide a litigant proceeding in forma pauperis with a copy of a deposition

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transcript. See 28 U.S.C. § 1915(d); see also Whittenberg v. Roll, No. 2:04–cv–2313 FCD JFM,

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2006 WL 657381, at *5 (E.D. Cal. Mar. 15, 2006) (denying plaintiff's motion to compel

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defendant to provide him with a copy of the deposition transcript free of charge).
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Moreover, under Rule 30(f)(3) of the Federal Rules of Civil Procedure, the officer before

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whom a deposition is taken must provide a copy of the transcript to any party or to the deponent

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upon payment of reasonable charges therefor. Id. Thus, the court will not order the court

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reporter, defense counsel, or the defendant to provide plaintiff with a copy of his deposition

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transcript without charge. Plaintiff must obtain the deposition transcript from the officer before

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whom the deposition was taken on. See Boston v. Garcia, No. 2:10–cv–1782 KJM DAD, 2013

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WL 1165062, at *2 (E.D. Cal. Mar. 20, 2013) (denying plaintiff's request for a court order

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directing the defendant to provide him with a copy of his deposition transcript).

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For these reasons, IT IS HEREBY ORDERED that plaintiff’s “discovery motion” (ECF No.

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37) is denied.

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Dated: August 8, 2017

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DLB:9
DLB1/prisoner-civil rights/harr0588.mot for trscrpt

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