Harris v. Fernan et al

Filing 54

ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/2019 DENYING plaintiff's 53 motion for the court to pay fees. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WAYDE HOLLIS HARRIS,

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No. 2:17-cv-0680 TLN KJN P

Plaintiff,
v.

ORDER

M. KUERSTEN, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. Plaintiff requests

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that the court pay fees for a court reporter so that he may depose defendants. However, the in

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forma pauperis statute does not authorize the expenditure of public funds for deposition

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transcripts, court reporter fees, or witness fees. See 28 U.S.C. § 1915. The expenditure of public

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funds on behalf of an indigent litigant is proper only when authorized by Congress, and the in

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forma pauperis statute does not authorize the expenditure of public funds for the purpose sought

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by plaintiff. See Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989) (citations omitted). To take the

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depositions of defendants, plaintiff must pay for the services of a court reporter from his own

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funds. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for the court to pay fees

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(ECF No. 53) is denied.

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Dated: April 18, 2019
/harr0680.dep

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