Moore v. Pfizer, Inc.

Filing 59

ORDER by Judge Charles R. Breyer denying (58) Motion for Transcripts in case 3:10-cv-01516-CRB; denying (105) Motion for Transcripts in case 3:10-cv-04275-CRB; denying (79) Motion for Transcripts in case 3:10-cv-04825-CRB; denying (3587) Motion for Transcripts in case 3:05-md-01699-CRB. (crblc1, COURT STAFF) (Filed on 2/16/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 No. MDL 05-01699 CRB 13 ORDER DENYING MOTION FOR TRANSCRIPTS AT GOVERNMENT EXPENSE IN RE BEXTRA AND CELEBREX MARKETING, SALES PRACTICES AND 12 PRODUCT LIABILITY LITIGATION, 14 / This document relates to: 15 Larry B. Moore, 10-4275, 10-1516, 10-4825 16 ____________________________________/ 17 18 Pro per Plaintiff Larry B. Moore has filed a motion seeking transcripts and various 19 court filings at government expense. See dkt. 105. To the extent that Plaintiff believes that 20 his in forma pauperis status entitles him to free copies of transcripts, that is incorrect. 21 See Bonner v. Henderson, 517 F.2d 135, 136 (5th Cir. 1975). Although a litigant proceeding 22 in forma pauperis might be entitled to an order providing him free transcripts if a notice of 23 appeal is filed, such order is proper only if a court certifies that the appeal is “not frivolous” 24 and that the transcript is needed to decide the issue presented by the appeal. See 28 U.S.C. § 25 753(f). The Ninth Circuit Court of Appeals recently concluded that Plaintiff’s appeal is 26 frivolous. See dkt. 104 (“we find that these consolidated appeals are frivolous.”). 27 // 28 // 1 2 Accordingly, Plaintiff’s motion is DENIED. IT IS SO ORDERED. 3 4 Dated: February 16, 2012 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\CRBALL\2005\1699\ordersmisc\order re moore 2-16-12.wpd 2

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