McDowell et al v. State of California et al

Filing 72

ORDER DENYING (1) MOTION FOR APPOINTMENT OF COUNSEL AND (2) REQUEST FOR TRANSCRIPT AT GOVERNMENT EXPENSE. Signed by Judge Charles R. Breyer on 2/16/2012. (crblc1, COURT STAFF) (Filed on 2/16/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 11-02569 CRB

FRANK AND DEBORAH MCDOWELL,

ORDER DENYING (1) MOTION FOR
APPOINTMENT OF COUNSEL; (2)
REQUEST FOR TRANSCRIPT AT
GOVERNMENT EXPENSE

Plaintiff-Appellants,
v.
THE STATE OF CALIFORNIA,

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Defendant-Appellee.

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On January 24, 2012, the Court granted Plaintiff-Appellants’ Application to Proceed

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In Forma Pauperis, in conjunction with their Notice of Appeal to the United States Court of

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Appeal for the Ninth Circuit. Plaintiff-Appellants have now filed (1) a motion for the

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appointment of counsel to represent them on appeal, and (2) a request that transcripts be

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provided to them at government expense.

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The motion for appointment of counsel is denied, as there is no constitutional right to

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counsel in a civil case. See United States v. 30.64 Acres of Land, 795 F.2d 796, 801 (9th

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Cir. 1986).

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The request for transcripts is also denied. To the extent that Plaintiff-Appellants

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believe that their in forma pauperis status entitles them to free copies of transcripts, that is

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incorrect. See Bonner v. Henderson, 517 F.2d 135, 136 (5th Cir. 1975). Although a litigant

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proceeding in forma pauperis might be entitled to an order providing him free transcripts if a

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notice of appeal is filed, such order is proper only if a court certifies that the appeal is “not

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frivolous” and that the transcript is needed to decide the issue presented by the appeal.

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See 28 U.S.C. § 753(f). Plaintiff-Appellants have filed a Notice of Appeal, but have made no

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showing that their appeal is nonfrivolous or that the transcripts are needed to decide the

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issues presented.

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IT IS SO ORDERED.

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Dated: February 16, 2012
CHARLES R. BREYER

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UNITED STATES DISTRICT JUDGE

United States District Court
For the Northern District of California

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G:\CRBALL\2011\2569\order re counsel and transcripts.wpd

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