(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL JACQUES,

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Plaintiff,

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No. 2:21-cv-0143-TLN-EFB P

v.

ORDER

M. BRAHNEY, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He moves to compel defendants to provide him with a copy of the transcript from

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his deposition. ECF No. 42. Pursuant to Rule 30 of the Federal Rules of Civil Procedure,

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however, plaintiff must first pay for a copy of the deposition transcript, and then obtain it from

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the officer before whom the deposition was taken. Fed. R. Civ. P. 30(f)(3). Neither the court nor

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the defendants may be forced to bear this cost. 1 Although plaintiff is proceeding in forma

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pauperis pursuant to 28 U.S.C. § 1915, that statute does not authorize the expenditure of public

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funds for deposition transcripts. See 28 U.S.C. § 1915; Tedder v. Odel, 890 F.2d 210, 211-12

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(9th Cir. 1989) (per curiam) (“‘[T]he expenditure of public funds [on behalf of an indigent

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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.
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litigant] is proper only when authorized by Congress’”) (alteration in original) (quoting United

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States v. MacCollom, 426 U.S. 317, 321 (1976)).

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Accordingly, it is ORDERED that plaintiff’s motion to compel (ECF No. 42) is denied.
Dated: May 5, 2022.

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