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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
WAYDE HOLLIS HARRIS,
12
13
14
No. 2:17-cv-0680 TLN KJN P
Plaintiff,
v.
ORDER
M. KUERSTEN, et al.,
15
Defendants.
16
17
Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. Plaintiff requests
18
that the court pay fees for a court reporter so that he may depose defendants. However, the in
19
forma pauperis statute does not authorize the expenditure of public funds for deposition
20
transcripts, court reporter fees, or witness fees. See 28 U.S.C. § 1915. The expenditure of public
21
funds on behalf of an indigent litigant is proper only when authorized by Congress, and the in
22
forma pauperis statute does not authorize the expenditure of public funds for the purpose sought
23
by plaintiff. See Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989) (citations omitted). To take the
24
depositions of defendants, plaintiff must pay for the services of a court reporter from his own
25
funds. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for the court to pay fees
26
(ECF No. 53) is denied.
27
Dated: April 18, 2019
/harr0680.dep
28
1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?