Harris v. Fernan et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
WAYDE HOLLIS HARRIS,
No. 2:17-cv-0680 TLN KJN P
M. KUERSTEN, et al.,
Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. Plaintiff requests
that the court pay fees for a court reporter so that he may depose defendants. However, the in
forma pauperis statute does not authorize the expenditure of public funds for deposition
transcripts, court reporter fees, or witness fees. See 28 U.S.C. § 1915. The expenditure of public
funds on behalf of an indigent litigant is proper only when authorized by Congress, and the in
forma pauperis statute does not authorize the expenditure of public funds for the purpose sought
by plaintiff. See Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989) (citations omitted). To take the
depositions of defendants, plaintiff must pay for the services of a court reporter from his own
funds. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for the court to pay fees
(ECF No. 53) is denied.
Dated: April 18, 2019
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