Endres v. California Department of Corrections & Rehabilitation et al

Filing 81

ORDER re: transcript on appeal. Transcript of 07/09/12 hearing shall be produced at government expense. Signed by Judge Thelton E. Henderson on 10/04/12. (tehlc3, COURT STAFF) (Filed on 10/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM M. ENDRES,

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ORDER RE: TRANSCRIPT ON
APPEAL

v.
ELENA TOOTELL,

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For the Northern District of California

United States District Court

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NO. C10-3924 TEH

Plaintiff,

Defendant.

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The Court has reviewed Plaintiff William Endres’s certificate of lack of necessity of

14 transcript on appeal, as well as Defendant Elena Tootell’s response thereto. The Court
15 agrees with Defendant that the transcript of the July 9, 2012 motion hearing is necessary for
16 this appeal. However, because Plaintiff has been granted leave to proceed in forma pauperis,
17 and because this Court finds the appeal to present a substantial question and to be not
18 frivolous, the transcript shall be produced at government expense under 28 U.S.C. § 753(f).
19 See, e.g., Goodwin v. Cal. Dep’t of Corr. & Rehab., Case No. C07-1924 JL, 2011 WL
20 115248 (N.D. Cal. Jan. 24, 2011).
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22 IT IS SO ORDERED.
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24 Dated: 10/04/12
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT