Deere v. Unknown CDC - Employees Prison Law Offices

Filing 68

ORDER signed by Magistrate Judge Deborah Barnes on 03/20/19 ORDERING that within 10 days of the date of this order, defendant's counsel shall provide the undersigned with a courtesy copy of the complete transcript of plaintiff's deposition pursuant to local rule 133J. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARTHUR RAY DEERE, Sr.,

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No. 2:16-cv-1694 DB P

Plaintiff,
v.

ORDER

JOE LIZARRAGA,
Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under

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42 U.S.C. § 1983. On January 14, 2019, defendant filed a motion for summary judgment. (ECF

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No. 61.) One exhibit to that motion includes portions of plaintiff’s deposition transcript. (ECF

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No. 61-3.) In his opposition, plaintiff complains that defendant did not provide him a copy of the

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entire deposition transcript.

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There is no statutory requirement for the government to provide a litigant proceeding in

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forma pauperis with a copy of a deposition transcript. See 28 U.S.C. § 1915(d); see also

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Whittenberg v. Roll, No. 2:04–cv–2313 FCD JFM, 2006 WL 657381, at *5 (E.D. Cal. Mar. 15,

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2006) (denying plaintiff’s motion to compel defendant to provide him with a copy of the

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deposition transcript free of charge). Moreover, under Rule 30(f)(3) of the Federal Rules of Civil

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Procedure, the officer before whom a deposition is taken must provide a copy of the transcript to

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any party or to the deponent upon payment of reasonable charges therefor. Id. Thus, the court
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will not order the court reporter, defense counsel, or the defendant to provide plaintiff with a copy

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of his deposition transcript without charge. Plaintiff must obtain the deposition transcript from

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the officer before whom the deposition was taken. See Boston v. Garcia, No. 2:10–cv–1782 KJM

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

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

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Defendant’s provision of a portion of the transcript as an exhibit to his motion complies with

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Local Rule 133(j). However, the court notes that it does not appear defendant has complied with

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all aspects of that rule. Pursuant to Rule 133(j), if a party relies upon a portion of a deposition

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transcript, counsel for that party must ensure that a courtesy copy of the entire deposition

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transcript is provided to chambers. This court has no record of having received that courtesy

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copy.

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Accordingly, IT IS HEREBY ORDERED that within ten days of the date of this order,

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defendant’s counsel shall provide the undersigned with a courtesy copy of the complete transcript

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of plaintiff’s deposition pursuant to Local Rule 133(j).

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Dated: March 20, 2019

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DLB:9
DB/prisoner-civil rights/deer1694.depo

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