Adams v. Kraft et al

Filing 263

Order by Hon. Lucy H. Koh denying 262 Motion Transcript at the Expense of the U.S. Government.(lhklc3, COURT STAFF) (Filed on 11/30/2012)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9 United States District Court For the Northern District of California 10 11 12 13 BERRY LYNN ADAMS, Plaintiff, v. DANIEL L. KRAFT, PHILLIP HAUCK, and K.P. BEST, Defendants. 14 ) ) ) ) ) ) ) ) ) ) Case No.: 10-CV-00602-LHK ORDER DENYING REQUEST FOR TRANSCRIPT AT THE EXPENSE OF THE UNITED STATES GOVERNMENT 15 On May 14, 2012, following a four-day jury trial, a jury returned a verdict against Plaintiff 16 Berry Lynn Adams, which Plaintiff subsequently appealed to the United States Court of Appeals 17 for the Ninth Circuit. See ECF Nos. 254, 260. Plaintiff then filed a request with the Court for a 18 transcript at the expense of the United States Government. ECF No. 262. 19 Pursuant to Budget Object Code 2532, a district court may only grant fees for transcripts to 20 be paid by the United States in an appeal to a circuit court if “the trial judge . . . certifies that the 21 suit or appeal is not frivolous, and [the] transcript is needed to decide the issue presented by suit or 22 appeal.” See Guide to Judicial Policy, Vol. 6, Ch. 5 Transcripts, § 530.75(b)(1). The Court does 23 not find that Plaintiff has satisfied these requirements. Accordingly, Plaintiff’s Motion-Request for 24 Transcript at the Expense of the United States Government is DENIED. 25 26 IT IS SO ORDERED. 27 Dated: November 30, 2012 28 Case No.: 10-CV-00602-LHK ORDER DENYING REQUEST FOR TRANSCRIPT _________________________________ LUCY H. KOH United States District Judge

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