McColm v. Foremost Insurance Company

Filing 246

ORDER GRANTING PLAINTIFF'S REQUEST FOR TRANSCRIPTS AT GOVERNMENT EXPENSE (Illston, Susan) (Filed on 5/2/2012)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 PATRICIA A McCOLM, 6 7 8 No. C 09-04132 SI Plaintiff, ORDER GRANTING PLAINTIFF’S REQUEST FOR TRANSCRIPTS AT GOVERNMENT EXPENSE v. FOREMOST INSURANCE CO., 9 Defendant. / United States District Court For the Northern District of California 10 11 On March 28, 2012, plaintiff submitted a Transcript Designation and Ordering Form to the 12 Court, ordering transcripts from two Case Management Conferences. Dkt. 245. On May 1, 2012, 13 plaintiff submitted a letter to the Court requesting that the transcripts be provided “at government 14 expense.” 15 The statute governing transcript fees states that “fees for transcripts furnished in [non- Section 16 2255] proceedings to persons permitted to appeal in forma pauperis shall also be paid by the United 17 States if the trial judge or a circuit judge certifies that the appeal is not frivolous (but presents a 18 substantial question).” 28 U.S.C. § 753(f). On March 20, 2012, following the Ninth Circuit’s referral 19 on the question, this Court stated that “plaintiff’s appeal is not taken in bad faith and at least one issue 20 or claim is non-frivolous.” Dkt. 244. Having so found, the Court GRANTS plaintiff’s request for 21 payment by the United States of the transcripts of the two Case Management Conferences listed in the 22 ordering form. 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: May 2, 2012 SUSAN ILLSTON United States District Judge

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