Carreon v. Abdur-Rahman et al

Filing 38

ORDER signed by Magistrate Judge Kendall J. Newman on 05/16/19 DENYING 37 plaintiff's motion. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTONIO CARREON,

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No. 2:17-cv-1292 TLN KJN P

Plaintiff,
v.

ORDER

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S. ABDUR-RAHMAN, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se. On March 24, 2019, plaintiff signed a

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motion to compel seeking an order requiring defendants to provide plaintiff with a copy of the

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deposition transcript taken on March 4, 2019.

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Plaintiff is advised that there is no statutory requirement for the government to provide a

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litigant proceeding in forma pauperis with copies of a deposition transcript. See 28 U.S.C.

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§ 1915(d). See also Whittenberg v. Roll, 2006 WL 657381 at *5 (E.D. Cal. Mar. 15, 2006)

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

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

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the officer before whom a deposition is taken must provide a copy of the transcript to any party or

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to the deponent upon payment of reasonable charges therefor. Id. Thus, the court will not order

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the court reporter, defense counsel or the defendant to provide plaintiff with a copy of his

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deposition transcript without charge. Plaintiff must obtain the deposition transcript from the
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officer before whom the deposition was taken on March 4, 2019. See Boston v. Garcia, 2013 WL

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

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

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (ECF No. 37) is denied.
Dated: May 16, 2019

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