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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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United States District Court
For the Northern District of California

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BERRY LYNN ADAMS,
Plaintiff,
v.
DANIEL L. KRAFT, PHILLIP HAUCK, and
K.P. BEST,
Defendants.

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Case No.: 10-CV-00602-LHK
ORDER DENYING REQUEST FOR
TRANSCRIPT AT THE EXPENSE OF
THE UNITED STATES GOVERNMENT

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On May 14, 2012, following a four-day jury trial, a jury returned a verdict against Plaintiff
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Berry Lynn Adams, which Plaintiff subsequently appealed to the United States Court of Appeals
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for the Ninth Circuit. See ECF Nos. 254, 260. Plaintiff then filed a request with the Court for a
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transcript at the expense of the United States Government. ECF No. 262.
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Pursuant to Budget Object Code 2532, a district court may only grant fees for transcripts to
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be paid by the United States in an appeal to a circuit court if “the trial judge . . . certifies that the

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suit or appeal is not frivolous, and [the] transcript is needed to decide the issue presented by suit or
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appeal.” See Guide to Judicial Policy, Vol. 6, Ch. 5 Transcripts, § 530.75(b)(1). The Court does

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not find that Plaintiff has satisfied these requirements. Accordingly, Plaintiff’s Motion-Request for
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Transcript at the Expense of the United States Government is DENIED.
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IT IS SO ORDERED.

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Dated: November 30, 2012

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Case No.: 10-CV-00602-LHK
ORDER DENYING REQUEST FOR TRANSCRIPT

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LUCY H. KOH
United States District Judge