Glasser v. King et al

Filing 241

ORDER granting in part and denying in part 239 Plaintiff's "Motion for a Written Ruling Regarding Redacted Documents, or in the Alternative, Transcripts of Verbal Findings Issued from the Bench." The Clerk of the Court shall have transcripts of the October 1, 2013, November 12, 2013, and November 19, 2013 hearings prepared and copies of the transcripts provided to Plaintiff on or before January 4, 2014. By Magistrate Judge Craig B. Shaffer on 12/05/2013. (cbslc1)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00624-WYD-CBS
WAYNE GLASSER,
Plaintiff,
v.
CAROLE KING, RN,
MICHAEL WALSH, PA,
LT. JAMES HARDING,
MICHAEL HANSA, MD, Deceased, through surviving spouse and successor,
WEERA-ANONG HANSA,
STEPHEN MACKERROW, MD, and
PUEBLO CARDIOLOGY ASSOCIATES, PC,
Defendants.
ORDER

Magistrate Judge Craig B. Shaffer
This matter comes before the court on Plaintiff’s “Motion for a Written Ruling
Regarding Redacted Documents, or in the Alternative, Transcripts of Verbal Findings Issued
from the Bench.” Pursuant to the Order of Reference dated April 20, 2012 (Doc. # 12) and
the memorandum dated December 4, 2013 (Doc. # 240), this matter was referred to the
Magistrate Judge. The court has reviewed the Motion, the entire case file, and the applicable
law and is sufficiently advised in the premises.
On April 17, 2012, the court granted Mr. Glasser leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915. (See Doc. # 8). Section 1915(c) provides:
[u]pon the filing of an affidavit in accordance with subsections (a) and (b) and
the prepayment of any partial filing fee as may be required under subsection
(b), the court may direct payment by the United States of the expenses of (1)
printing the record on appeal in any civil or criminal case, if such printing is
required by the appellate court; (2) preparing a transcript of proceedings before
a United States magistrate in any civil or criminal case, if such transcript is
required by the district court, in the case of proceedings conducted under
section 636(b) of this title or under section 3401(b) of title 18, United States
Code; and (3) printing the record on appeal if such printing is required by the
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appellate court, in the case of proceedings conducted pursuant to section
636(c) of this title. . . .
On September 23, 2013, the court granted in part and denied in part Mr. Glasser’s
Motion for In Camera Review. (See Doc. # 198; Courtroom Minutes/Minute Order (Doc. #
204)). At hearings held on October 1, 2013, November 12, 2013, and November 19, 2013,
Mr. Glasser raised additional arguments regarding the material reviewed by the court in
camera. (See Courtroom Minutes/Minute Orders (Docs. # 228, # 230, # 231)). Mr. Glasser
seeks transcripts of the October 1, 2013, November 12, 2013, and November 19, 2013
hearings in order to file his objections to the Magistrate Judge’s rulings regarding the material
reviewed in camera. The court concludes that under these circumstances, transcripts of the
October 1, 2013, November 12, 2013, and November 19, 2013 hearings are necessary
pursuant to § 1915(c) for Mr. Glasser to seek review by the District Judge’s of the
proceedings conducted under section 636(b) by the Magistrate Judge. Accordingly, IT IS
ORDERED that:
1.

Plaintiff’s “Motion for a Written Ruling Regarding Redacted Documents, or in the

Alternative, Transcripts of Verbal Findings Issued from the Bench” (filed December 4, 2013)
is GRANTED IN PART AND DENIED IN PART.
2.

The Clerk of the Court shall have transcripts of the October 1, 2013, November

12, 2013, and November 19, 2013 hearings prepared and copies of the transcripts provided
to Plaintiff on or before January 4, 2014.
DATED at Denver, Colorado, this 5th day of December, 2013.

BY THE COURT:

s/Craig B. Shaffer
United States Magistrate Judge
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