Shervin v. City of Newark, California et al
Filing
190
REVISED ORDER GRANTING REQUEST FOR PREPARATION OF TRANSCRIPT (SI, COURT STAFF) (Filed on 8/19/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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AMIR SHERVIN AND SHIRIN N. SHERVIN,
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Plaintiffs,
United States District Court
For the Northern District of California
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No. C 08-01631 SI
REVISED ORDER GRANTING
REQUEST FOR PREPARATION OF
TRANSCRIPT
v.
CITY OF NEWARK, et al.,
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Defendants.
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Currently before the Court is plaintiffs’ request that the Court direct the reporter to prepare a
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transcript of three proceedings in this case at the government’s expense under 28 U.S.C. § 753(f).
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Docket No. 185. The Federal Defendants do not oppose the request, but note that the transcripts from
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hearings dated June 19, 2008 and January 22, 2009 are available on Pacer. Docket No. 188; see also
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Docket Nos. 25 & 106.
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“Fees for transcripts furnished in [civil] proceedings to persons permitted to appeal in forma
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pauperis shall [] be paid by the United States if the trial judge or a circuit judge certifies that the appeal
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is not frivolous (but presents a substantial question).” 28 U.S.C. § 753(f). The Ninth Circuit has
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allowed plaintiffs permission to proceed in forma pauperis on appeal. Docket No. 184. The Court finds
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that the appeal raises non-frivolous claims and presents a substantial question..
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Therefore, the Court GRANTS plaintiffs’ request and directs the reporter to prepare a transcript
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for the August 13, 2009 hearing on defendants’ motion to dismiss the second amended complaint at the
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United State’s expense.
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IT IS SO ORDERED.
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Dated: August 19, 2011
SUSAN ILLSTON
United States District Judge
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United States District Court
For the Northern District of California
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