Hoeft v. Ballon

Filing 57

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/12/2018 DENYING 56 Motion for leave to file a late transcript designation at government's expense. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MONICA HOEFT,

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Plaintiff,

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No. 2:16-cv-02615 CKD (PS)

v.

ORDER

AL BALLON,

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Defendant.

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Judgment was entered in this action on October 3, 2017, and plaintiff, proceeding pro se

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and in forma pauperis, has filed a notice of appeal. Before the court is plaintiff’s motion for an

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order compelling the government to pay for transcripts of the July 19, 2017 hearing on

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defendant’s motion to dismiss. (ECF No. 56.)
After two rounds of amendment, plaintiff’s Second Amended Complaint was dismissed

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with prejudice for failure to state a cognizable claim against defendant. As the standard for

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requiring the production of transcripts at government expense is not met here, the court will deny

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plaintiff’s motion. See McKinney v. Anderson, 924 F.2d 1500, 1511–12 (9th Cir. 1991),

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overruled on other grounds by Helling v. McKinney, 502 U.S. 903, 112 S.Ct. 291 (1991)

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(reviewing for an abuse of discretion and noting that “[p]roduction of the transcript at government

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expense for an appellant in forma pauperis in a civil case is proper under 28 U.S.C. § 753 if a trial

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judge certifies that the appeal is not frivolous and presents a substantial question”).
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for leave to file a late

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transcript designation at the government’s expense (ECF No. 56) is denied.

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Dated: February 12, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / hoeft2615.transcripts

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