Willingham v. City of San Leandro et al

Filing 211

ORDER GRANTING PLAINTIFF'S MOTION FOR TRANSCRIPT AT GOVERNMENT EXPENSE. Signed by Judge Maxine M. Chesney on December 17, 2008. (mmclc1, COURT STAFF) (Filed on 12/17/2008)

1 2 3 4 5 6 7 8 9 10 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In plaintiff's motion, plaintiff states he seeks "a transcript covering 27 May 2008 through 6 June 2008." The last day of reported proceedings, however, was June 4, 2008. (See Docket No. 172.) By order filed November 5, 2008, plaintiff's motion for leave to proceed in forma pauperis on appeal was granted.
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

NATHANIEL WILLINGHAM, Plaintiff, v. CITY OF SAN LEANDRO, et al., Defendants /

No. C 06-3744 MMC ORDER GRANTING PLAINTIFF'S MOTION FOR TRANSCRIPT AT GOVERNMENT EXPENSE

United States District Court

Before the Court is plaintiff's "Motion for Transcript at Government Expense," filed December 1, 2008, by which plaintiff seeks, at government expense, a transcript of the proceedings conducted herein beginning May 27, 2008 and ending June 4, 2008.1 Defendants have not filed a response to the motion. Having read and considered plaintiff's motion, the Court rules as follows. "Fees for transcripts furnished in [civil] proceedings to persons permitted to appeal in forma pauperis shall [ ] be paid by the United States if the trial court or circuit judge certifies that the appeal is not frivolous." 28 U.S.C. § 753(f).2 Here, the instant action included nonfrivolous claims, including claims for which sufficient evidence existed to present the matter

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to a trier of fact, and there is no indication that plaintiff's appeal from the judgment is frivolous or would fail to present a substantial question. Accordingly, the motion is hereby GRANTED. Plaintiff remains obligated, however, to "file a transcript order in the district court, using the district court's transcript designation form," and to "simultaneously provide a copy of the designation form to the court reporter and the Court of Appeals." See Ninth Circuit Court of Appeals Circuit Rule 10-3(d).3 Such transcript order form can be found on the District Court's website, www.cand.uscourts.gov, in the "Forms" section. IT IS SO ORDERED.

Dated: December 17, 2008

MAXINE M. CHESNEY United States District Judge

Plaintiff attached to the instant motion a "Transcript Purchase Order" using a form apparently used in the Court of Appeals for the Federal Circuit. 2

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