Arellano v. R.J. Donovan Detention Facility et al
ORDER Denying 145 Motion to Receive Deposition Transcript. Signed by Magistrate Judge Jill L. Burkhardt on 6/9/2017. (All non-registered users served via U.S. Mail Service)(dxj)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
RAUL ARELLANO, JR.,
Case No.: 14-cv-590 JLS (JLB)
ORDER DENYING MOTION
TO RECEIVE DEPOSITION
OFFICER HODGE et al.,
[ECF No. 145]
Before the Court is Plaintiff’s motion to receive a copy of the transcript of the
deposition taken on March 24, 2017. (ECF No. 145.) Plaintiff asserts that he submitted a
request for a copy of the transcript to U.S. Legal Support, the court reporting agency that
transcribed the deposition, on April 7, 2017, but he has not received a response to his
request. (Id. at 3.) Plaintiff now requests that the Court either send him a copy of the
deposition transcript or “tell its court reporting service” to send him a copy of the transcript.
The Court does not have the authority to provide Plaintiff with a copy of the
requested deposition transcript free of charge. A person who transcribes a deposition is
required to provide a copy of the transcript to any party or the deponent only when paid
reasonable charges therefor. Fed. R. Civ. P. 30(f)(3). Although Plaintiff was granted leave
to proceed in forma pauperis in this case (ECF No. 3), it is well established that “the
expenditure of public funds [on behalf of an indigent litigant] is proper only when
authorized by Congress.” Tedder v. Odel, 890 F.3d 210, 211 (9th Cir. 1989) (quoting
United States v. MacCollom, 426 U.S. 317, 321 (1976)). The expenditure of public funds
14-cv-590 JLS (JLB)
for deposition transcripts is not authorized by the in forma pauperis statute or any other
statute. See 28 U.S.C. § 1915; Franklin v. Felker, No. 2:11-cv-2055 KJN P, 2012 WL
3234234, at *2 (E.D. Cal. Aug. 6, 2012). Accordingly, the Court cannot grant Plaintiff’s
request that it provide him a copy of the March 24, 2017 deposition transcript free of
charge. See Claiborne v. Battey, No. CIV S-06-2919 FCD EFB P, 2009 WL 530352, at *3
(E.D. Cal. Mar. 3, 2009).
Nor does the Court have the authority to compel U.S. Legal Support to provide
Plaintiff with a copy of the deposition transcript free of charge. U.S. Legal Support is not
a court reporting service of the Court, as Plaintiff’s motion suggests. (See ECF No. 145 at
3.) And, even if it were, under the Federal Rules of Civil Procedure, the Court cannot
compel it to provide Plaintiff with a copy of the deposition transcript free of charge. See
Fed. R. Civ. P. 30(f)(3); see also Brown v. Castillo, No. CV-F-02-6018 AWI DLB P, 2006
WL 1408452, at *1 (May 22, 2006) (“Neither this court nor defendant can provide a copy
[of the deposition transcript] to plaintiff without the authorization of the court reporter.”).
Accordingly, if Plaintiff desires a copy of the March 24, 2017 deposition transcript, he
must request it from U.S. Legal Support and pay U.S. Legal Support the reasonable charges
for the transcript. See Fed. R. Civ. P. 30(f)(3).
For the reasons above, the Court DENIES Plaintiff’s request for a copy of the March
24, 2017 deposition transcript (ECF No. 145).
IT IS SO ORDERED.
Dated: June 9, 2017
14-cv-590 JLS (JLB)
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