(PC) Jacques v. Brahney et al

Filing 44

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/5/2022 DENYING plaintiff's 42 motion to compel. (Yin, K)

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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 MICHAEL JACQUES, 12 Plaintiff, 13 14 No. 2:21-cv-0143-TLN-EFB P v. ORDER M. BRAHNEY, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. He moves to compel defendants to provide him with a copy of the transcript from 19 his deposition. ECF No. 42. Pursuant to Rule 30 of the Federal Rules of Civil Procedure, 20 however, plaintiff must first pay for a copy of the deposition transcript, and then obtain it from 21 the officer before whom the deposition was taken. Fed. R. Civ. P. 30(f)(3). Neither the court nor 22 the defendants may be forced to bear this cost. 1 Although plaintiff is proceeding in forma 23 pauperis pursuant to 28 U.S.C. § 1915, that statute does not authorize the expenditure of public 24 funds for deposition transcripts. See 28 U.S.C. § 1915; Tedder v. Odel, 890 F.2d 210, 211-12 25 (9th Cir. 1989) (per curiam) (“‘[T]he expenditure of public funds [on behalf of an indigent 26 27 28 1 However, the court in its discretion may order that a transcript be prepared when necessary to resolve a pending dispositive motion or factual dispute at trial. Currently, there is no such need for the court to request its own copy. 1 1 litigant] is proper only when authorized by Congress’”) (alteration in original) (quoting United 2 States v. MacCollom, 426 U.S. 317, 321 (1976)). 3 4 Accordingly, it is ORDERED that plaintiff’s motion to compel (ECF No. 42) is denied. Dated: May 5, 2022. 5 6 7 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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