Yablonsky v. California Department of Correction & Rehabilitation et al

Filing 96

ORDER denying 95 request to waive deposition fees and costs. Signed by Magistrate Judge Andrew G. Schopler on 1/25/2021. (All non-registered users served via U.S. Mail Service)(jpp)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA
John Henry YABLONSKY,

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Case No.: 18-cv-1122-AGS
ORDER DENYING REQUEST TO
WAIVE DEPOSITION FEES AND
COSTS (ECF 95)

Plaintiff,

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v.

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CALIFORNIA DEPARTMENT OF

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CORRECTIONS & REHABILITATION,

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et al.,

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Defendants.

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Plaintiff’s request to waive deposition fees and costs, including transcription costs,

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is denied. Prisoners proceeding pro se and in forma pauperis under 28 U.S.C. § 1915 may

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use any discovery method set forth in the Federal Rules of Civil Procedure. However,

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28 U.S.C. § 1915 “does not extend to the cost of taking and transcribing a deposition.”

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Starkey v. Hernandez, No. 317CV01158JLSKSC, 2018 WL 2441554, at *1 (S.D. Cal. May

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31, 2018) (citation omitted); see also Arellano v. Hodge, No. 14-CV-590 JLS (JLB), 2018

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WL 637854, at *3 (S.D. Cal. Jan. 30, 2018) (Ҥ 1915 does not authorize or require federal

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courts to finance or subsidize a civil action by paying fees or other costs associated with

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the litigation.”). Therefore, plaintiff “must bear the costs of recording the . . . deposition as

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18-cv-1122-AGS

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well as transcribing the deposition.” Golez v. Potter, No. 09-CV-965 AJB WMC, 2011 WL

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3021045, at *1 (S.D. Cal. July 21, 2011).

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Dated: January 25, 2021

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18-cv-1122-AGS