(PS) Horn v. Experis US, Inc.

Filing 37

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/17/2020 DENYING 34 Motion to Proceed In Forma Pauperis. (Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELLA W. HORN, 12 Plaintiff, 13 14 15 No. 2:20-cv-00212-JAM-CKD (PS) v. ORDER EXPERIS US, INC., A MANPOWER BRAND COMPANY, Defendant. 16 Before the court is plaintiff’s motion to waive the cost of court transcripts related to her 17 18 pending appeal. (ECF No. 34.) “Production of the transcript at government expense for an 19 appellant in forma pauperis in a civil case is proper under 28 U.S.C. § 753 if a trial judge certifies 20 that the appeal is not frivolous and presents a substantial question.” McKinney v. Anderson, 924 21 F.2d 1500, 1511 (9th Cir.), overruled on other grounds by Helling v. McKinney, 502 U.S. 903 22 (1991). The relief under section 753 is permissive. Id. Here, this court never granted plaintiff in 23 forma pauperis status because plaintiff never submitted a proper application. In addition, this 24 ///// 25 ///// 26 ///// 27 ///// 28 ///// 1 1 court is unable to certify that plaintiff’s pending appeal is not frivolous and presents a substantial 2 question. Accordingly, plaintiff’s request for court transcripts at the government’s expense is 3 DENIED. 4 Dated: November 17, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 17.212.appeal 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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